DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GCS Integrated Services Pty Ltd T/A GCS Integrated Services Pty Ltd
(AG2018/6434)

GCS INTEGRATED SERVICES PTY LTD NORTHWEST DIVISION ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 APRIL 2019

Application for approval of the GCS Integrated Services Pty Ltd Northwest Division Enterprise Agreement 2018 - 2022.

[1] GCS Integrated Services Pty Ltd has made an application for the approval of an enterprise agreement known as the GCS Integrated Services Pty Ltd Northwest Division Enterprise Agreement 2018 - 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 5 April 2019 and, in accordance with s 54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 4 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GCS Integrated Services Pty Ltd, trading as GCS Integrated Services Pty Ltd, sought approval for the GCS Integrated Services Pty Ltd Northwest Division Enterprise Agreement 2018 - 2022, before the Fair Work Commission. The applicant, an employer, aimed to finalise a new enterprise agreement with its employees, seeking to establish terms and conditions of employment over the specified period. The application was contested by various unions representing the employees, who argued that the proposed agreement did not adequately address certain issues related to pay rates, conditions, and other employment terms.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of whether it was a "better off overall test" (BOOT) agreement, and whether it complied with the procedural requirements set out in the Act. The Commission needed to determine if the agreement provided employees with a fair and reasonable set of terms and conditions, and whether the process followed in negotiating and finalising the agreement was lawful and in accordance with the relevant legislative provisions.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements and was, in fact, a BOOT agreement. The Commission concluded that the agreement provided employees with improved terms and conditions compared to their previous enterprise agreement. The process followed in negotiating the agreement was deemed to be lawful and in line with the requirements of the Fair Work Act 2009. The Commission took into account the views of the unions and the employees, but ultimately found that the benefits provided by the proposed agreement outweighed any potential disadvantages. As a result, the Commission approved the GCS Integrated Services Pty Ltd Northwest Division Enterprise Agreement 2018 - 2022.

GCS Integrated Services Pty Ltd T/A GCS Integrated Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established