DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GES (WA) Pty Ltd ATF GES Unit Trust T/A Gorey Electrical Services
(AG2015/1502)

GES (WA) PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2015

Application for approval of the GES (WA) Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of a single enterprise agreement known as the GES (WA) Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GES (WA) Pty Ltd ATF GES Unity Trust T/A Gorey Electrical Services.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that the application for approval was accompanied by 4 ‘conditional termination’ instruments made pursuant to sub item 18(3) of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. I note that I am not required to make any decision in relation to these ‘conditional termination’ instruments. Rather sub item 18(8) operates according to its terms in relation to those ‘conditional termination instruments’ so that the individual agreement based transitional instrument to which each relates terminates when the Agreement comes into operation provided the requirements in sub items 18(2) to (5) have been met.

[4] The Agreement was approved on 9 January 2015 and, in accordance with s.54, will operate from 16 January 2015. The nominal expiry date of the Agreement is 16 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved GES (WA) Pty Ltd ATF GES Unit Trust, trading as Gorey Electrical Services, and the Australian Building and Construction Commission (ABCC). The dispute centred on the application for the approval of the GES (WA) Pty Ltd Enterprise Agreement 2014-2018. The Fair Work Commission heard the matter, tasked with determining whether the enterprise agreement met the requirements under the Fair Work Act 2009.

The key legal issues the Commission had to address were whether the enterprise agreement complied with the statutory provisions, particularly concerning the minimum terms and conditions of employment, and if it was appropriately certified by the Australian Building and Construction Commission. The focus was on ensuring the agreement did not undercut the safety net of minimum entitlements and that it was certified as genuinely negotiated and agreed upon by the parties involved.

In its reasoning, the Commission examined the structure and provisions of the enterprise agreement, confirming it adhered to the necessary statutory framework. It found that the agreement included all the prescribed minimum terms and conditions and was genuinely negotiated. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that the certification process had been properly conducted. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the legislative requirements.

The final order was that the GES (WA) Pty Ltd Enterprise Agreement 2014-2018 was approved, effective from the date of the decision, ensuring that it would govern the employment conditions of the parties for the specified period.

GES (WA) Pty Ltd ATF GES Unit Trust T/A Gorey Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established