DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GCP Australia Pty Ltd T/A GCP Applied Technologies
(AG2019/3864)

GCP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 6 NOVEMBER 2019

Application for approval of the GCP Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GCP Australia Pty Ltd Enterprise Agreement 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 13 November 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

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CaseChat Overview and Summary

GCP Australia Pty Ltd T/A GCP Applied Technologies sought approval of their Enterprise Agreement 2019 from the Fair Work Commission. The agreement in question was entered into by the company and the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred around the terms and conditions outlined in the proposed agreement, including wage rates, working hours, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to verify that the agreement was made in good faith, involved genuine bargaining, and was not made under duress or coercion. Substantively, the agreement had to ensure fair and reasonable terms for both employees and employers, including provisions for minimum wages, penalty rates, and other employment conditions. The Commission also needed to consider if the agreement provided for proper dispute resolution mechanisms.

The Fair Work Commission found that the GCP Australia Pty Ltd Enterprise Agreement 2019 met the necessary criteria for approval. The Commission determined that the agreement was made in good faith and involved genuine bargaining. The terms and conditions of the agreement were found to be fair and reasonable, providing for appropriate wage rates and working conditions. The agreement also included adequate provisions for dispute resolution. Consequently, the Commission approved the agreement, and it will now apply to the employees covered by the union.

The Fair Work Commission approved the GCP Australia Pty Ltd Enterprise Agreement 2019, which will now be binding on the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. This decision concludes the procedural and substantive assessment of the agreement, ensuring that it adheres to the requirements of the Fair Work Act.

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