GD Engineering & Construction Pty Ltd

[2014] FWCA 6755

FAIR WORK COMMISSION

DECISION

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

GD Engineering & Construction Pty Ltd
(AG2014/7407)

GD ENGINEERING & CONSTRUCTION GAS PLANTS, WATER PLANTS, PIPELINES, CIVIL AND INFRASTRUCTURE WORKS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 SEPTEMBER 2014

Application for approval of the GD Engineering & Construction Gas Plants, Water Plants, Pipelines, Civil and Infrastructure Works Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 September 2014 by GD Engineering & Construction Pty Ltd for the approval of a single-enterprise agreement known as the GD Engineering & Construction Gas Plants, Water Plants, Pipelines, Civil and Infrastructure Works Enterprise Agreement 2014(“the 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 Australian Workers’ Union (“the AWU”) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GD Engineering & Construction Pty Ltd applied to the Fair Work Commission for approval of the GD Engineering & Construction Gas Plants, Water Plants, Pipelines, Civil and Infrastructure Works Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The respondents, who included various unions, opposed the application. The dispute centred on the validity and fairness of the proposed agreement, particularly in relation to its terms and the process by which it was negotiated.

The key legal issues before the court were whether the agreement met the requirements for being a ‘single-enterprise agreement’ under the Fair Work Act and whether it complied with procedural fairness. The court had to determine if the agreement was genuinely negotiated and if it contained the necessary provisions to be considered a modern award. Additionally, the court examined whether there was sufficient evidence to show that the agreement was not disadvantageous to the employees.

The Fair Work Commission found that the agreement was a single-enterprise agreement and had been genuinely negotiated. It also held that the agreement complied with all the necessary statutory requirements and did not disadvantage employees. The court noted that the process of negotiation was thorough and involved multiple meetings with the unions. The agreement was deemed to be fair and balanced, with provisions that were consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the GD Engineering & Construction Gas Plants, Water Plants, Pipelines, Civil and Infrastructure Works Enterprise Agreement 2014. The decision confirmed the validity of the agreement and its compliance with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established