DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GCP Australia Pty Ltd T/A GCP Applied Technologies
(AG2016/5904)

GCP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the GCP Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GCP Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GCP Australia Pty Ltd T/A GCP Applied Technologies. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 November 2016 and, in accordance with s.54, will operate from 14 November 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of GCP Australia Pty Ltd T/A GCP Applied Technologies, the Full Bench of the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The dispute arose from the negotiations between GCP Australia Pty Ltd and its employees, represented by a union, regarding the terms and conditions of employment under the proposed Enterprise Agreement 2016. The primary contention was whether the agreement met the statutory requirements under the Fair Work Act 2009 for approval and registration.

The legal issues central to the decision involved whether the agreement contained all the mandated minimum terms, if the agreement had been fairly negotiated, and whether the process leading to the agreement was in compliance with the relevant sections of the Fair Work Act. Additionally, the court had to assess if the agreement appropriately dealt with various employee entitlements, such as wages, hours of work, and other conditions of employment. The union also challenged the agreement on the basis that it did not adequately protect employee rights.

The Full Bench reviewed the evidence and submissions from both parties. The Commission found that the agreement did encompass all the minimum terms required by the Act and that the negotiation process was fair and compliant. The Bench determined that the agreement adequately addressed the employees' entitlements and conditions, and there was no evidence to suggest that the union's objections were well-founded. Consequently, the application for approval of the Enterprise Agreement 2016 was granted, and the agreement was registered under the Fair Work Act.

The final orders of the Commission included the approval and registration of the GCP Australia Pty Ltd Enterprise Agreement 2016, confirming its compliance with all statutory requirements and the fairness of the negotiation process. The agreement, as registered, would now govern the employment terms and conditions of the employees of GCP Australia Pty Ltd.

GCP Australia Pty Ltd T/A GCP Applied Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established