DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GE Power Australia Pty Ltd T/A GE Power Australia
(AG2017/3333)

GE POWER AUSTRALIA - MAITLAND WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 27 OCTOBER 2017

Application for approval of the GE Power Australia - Maitland Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GE Power Australia - Maitland Workplace Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GE Power Australia Pty Ltd T/A GE Power Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 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 3 November 2017. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GE Power Australia Pty Ltd T/A GE Power Australia brought an application in the Fair Work Commission for approval of the GE Power Australia - Maitland Workplace Agreement 2017. The respondent to the application was the Australian Manufacturing Workers' Union. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009, particularly section 235, which requires that an enterprise agreement be certified as meeting the "better off overall test". The application was heard by a delegate of the President of the Fair Work Commission.

The central legal issue the Court had to decide was whether the proposed agreement was a "single interest" enterprise agreement, as claimed by the applicant, or whether it was a "multi-enterprise" agreement, as the union argued. If the agreement was "multi-enterprise", it would need to satisfy the additional requirements of section 231 of the Act. The Court also had to consider whether the agreement met the "better off overall test" as required by section 235 of the Act.

The Court found that the agreement was a "single interest" enterprise agreement, and therefore not subject to the additional requirements of section 231. The Court also found that the agreement met the "better off overall test" as required by section 235 of the Act. The Court was satisfied that the agreement provided genuine improvements in pay and conditions for the employees covered by the agreement, and that it was in the best interests of those employees. The Court approved the agreement and made an order to that effect. The union's application to appeal the decision was subsequently dismissed.

GE Power Australia Pty Ltd T/A GE Power Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established