DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GFWA Pty Ltd T/A GFWA
(AG2015/5729)

GFWA PTY LTD ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the GFWA Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the GFWA Pty Ltd Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GFWA Pty Ltd T/A GFWA. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 16 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved GFWA Pty Ltd trading as GFWA, which applied to the Fair Work Commission for the approval of their Enterprise Agreement 2015-2018. The application came before the Commission's Deputy President, Mr P.A. Gwynne. The primary issue before the court was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This included ensuring the agreement contained the mandated minimum terms and conditions, was free from prohibited content, and was genuinely negotiated.

The Deputy President considered whether the agreement met the statutory minimum entitlements as outlined in the Fair Work Act. He assessed the provisions of the agreement to ensure they adhered to the mandated minimum standards and did not contain any terms that were prohibited by law. The court also examined whether the agreement had been genuinely negotiated between the employer and the employees, as required by the Act. The Deputy President found that the agreement contained all the mandated minimum terms and conditions and was free from any prohibited content. Furthermore, he determined that the agreement had been genuinely negotiated between the parties, thereby satisfying the legal requirements for approval.

Consequently, the Deputy President approved the Enterprise Agreement 2015-2018 under section 177 of the Fair Work Act 2009. The decision was made on the basis that the agreement met all statutory requirements and was genuinely negotiated. The approval became effective from 1 July 2015.

GFWA Pty Ltd T/A GFWA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established