| [2022] FWCA 759 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GFWA Pty Ltd T/A GFWA
(AG2022/318)
GFWA Pty Ltd Enterprise Agreement 2022-2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 3 MARCH 2022 |
Application for approval of the GFWA Pty Ltd Enterprise Agreement 2022-2024
GFWA Pty Ltd T/A GFWA has made an application for the approval of an enterprise agreement known as the GFWA Pty Ltd Enterprise Agreement 2022-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.
The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 3 March 2022 and, in accordance with s 54, will operate from 10 March 2022. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515206 PR738968>
Annexure A
- AGLC
- GFWA Pty Ltd T/A GFWA [2022] FWCA 759
- Case
- [2022] FWCA 759
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission needed to address were whether the agreement provided for a fair and efficient workplace, and if it complied with the 'better off overall test'. This test required the Commission to determine whether employees would be better off overall with the proposed agreement compared to their existing terms and conditions. The Commission also considered whether the agreement adhered to the provisions of the Fair Work Act and the Fair Work Regulations 2009.
The Commission found that the proposed agreement met the 'better off overall test' and contained terms and conditions that were fair and efficient. The agreement provided for a comprehensive set of terms and conditions that were designed to facilitate a productive and harmonious workplace. It included provisions for wages, leave entitlements, and other working conditions that were considered fair and reasonable. The Commission was satisfied that the agreement provided employees with benefits that outweighed any disadvantages, thereby meeting the statutory requirements.
The Commission approved the GFWA Pty Ltd Enterprise Agreement 2022-2024, effective from the date of the decision. The agreement was registered with the Fair Work Commission and would govern the employment terms and conditions between the applicant and its employees represented by the CFMEU for the specified period.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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