GCP Australia Pty Ltd Trading AS GCP Applied Technologies Summary

[2025] FWCA 2297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

GCP Australia Pty Ltd Trading AS GCP Applied Technologies

(AG2025/2108)

GCP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 11 JULY 2025

Application for approval of the GCP Australia Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the GCP Australia Pty Ltd Enterprise Agreement 2024 (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 Trading AS GCP Applied Technologies (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, GCP Australia Pty Ltd, trading as GCP Applied Technologies, sought approval of an Enterprise Agreement 2024 under the Fair Work Act 2009. The application was before the Fair Work Commission, which was required to consider whether the agreement met the necessary criteria for approval, including that it provided for fair and reasonable terms and conditions and did not undermine the integrity of the workplace relations system.

The legal issues before the Commission were whether the proposed Enterprise Agreement provided for fair and reasonable terms and conditions and whether it was free from any matters that could undermine the integrity of the workplace relations system. Specifically, the Commission had to examine whether the agreement contained terms that were inconsistent with the general protections in the Fair Work Act and whether the agreement was made in accordance with the relevant bargaining procedures.

The Commission found that the Enterprise Agreement met the criteria for approval. The agreement provided for fair and reasonable terms and conditions and did not contain any terms that were inconsistent with the general protections in the Fair Work Act. The Commission was satisfied that the agreement was made in accordance with the relevant bargaining procedures and that it would not undermine the integrity of the workplace relations system. The Commission also noted that the agreement included provisions that addressed key issues such as wages, leave, and other employment conditions.

The Commission approved the GCP Australia Pty Ltd Enterprise Agreement 2024. The approval was effective from the date of the Commission's decision and was to remain in force until terminated in accordance with the agreement's provisions. The agreement was to be registered with the Fair Work Commission and would be available for inspection by any person upon request.

GCP Australia Pty Ltd Trading AS GCP Applied Technologies

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established