DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GE Power Australia Pty Ltd
(AG2019/4975)

GE POWER AUSTRALIA - MAITLAND WORKPLACE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 12 FEBRUARY 2020

Application for approval of the GE POWER AUSTRALIA MAITLAND - Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GE POWER AUSTRALIA - MAITLAND Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by GE Power Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2020. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GE Power Australia Pty Ltd applied for approval of a workplace agreement. The matter was heard by the Fair Work Commission. The dispute concerned the proposed agreement's terms and conditions, which the applicant sought to implement across its Maitland operations. The legal issues centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive terms of the agreement.

The Commission examined whether the agreement was genuinely negotiated between the parties and whether it met the standards of good faith bargaining. Additionally, it was necessary to determine if the agreement provided for adequate protections and entitlements for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission assessed the evidence presented by both parties, including witness testimonies and documentation related to the negotiation process and the content of the agreement.

After reviewing the evidence, the Commission found that the agreement was the product of genuine negotiations and met the requirements of the Act. The Commission determined that the agreement provided for adequate protections and entitlements for employees, including minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the agreement, stating that it was fair and reasonable in all aspects. The approval of the agreement allows GE Power Australia Pty Ltd to implement the terms and conditions outlined in the workplace agreement across its Maitland operations.

GE Power Australia 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