GCS Industrial Services Py Ltd

[2013] FWCA 7980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GCS Industrial Services Py Ltd
(AG2013/8668)

GCS INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 OCTOBER 2013

Application for approval of the GCS Industrial Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GCS Industrial Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GCS Industrial Services Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the GCS Industrial Services Enterprise Agreement 2013. The application involved a dispute over the terms of the proposed agreement, which was to cover the employees of GCS Industrial Services. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided for the proper regulation of wages and other conditions of employment, whether it contained terms that unfairly disadvantaged employees, and whether the agreement had been made in accordance with the requirements of the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided for genuine bargaining between the employer and the employees.

The Fair Work Commission found that the agreement did not adequately provide for the regulation of wages and other conditions of employment, as it contained provisions that were potentially detrimental to employees. The Commission also found that the agreement had not been made in accordance with the requirements of the Fair Work Act, as there was insufficient evidence of genuine bargaining between the parties. Consequently, the Commission did not approve the agreement.

The final orders of the Commission were that the application for approval of the GCS Industrial Services Enterprise Agreement 2013 be dismissed. The Commission also directed that the employer take steps to ensure that any future enterprise agreements were made in accordance with the Fair Work Act and provided for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established