GHS Regional WA Pty Ltd T/A GHS Solutions

[2014] FWCA 3499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GHS Regional WA Pty Ltd T/A GHS Solutions
(AG2014/5824)

GHS REGIONAL WA PTY LTD ENTERPRISE AGREEMENT - LABOUR HIRE EMPLOYEES - 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 JUNE 2014

Application for approval of the GHS Regional WA Pty Ltd Enterprise Agreement - Labour Hire Employees - 2014.

[1] An application has been made for approval of an enterprise agreement known as the GHS Regional WA Pty Ltd Enterprise Agreement - Labour Hire Employees - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GHS Regional WA Pty Ltd, trading as GHS Solutions, sought approval for an Enterprise Agreement concerning its labour hire employees. The application was brought before the Fair Work Commission. The primary dispute involved the classification and entitlements of the employees under the proposed agreement.

The legal issues before the Commission revolved around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Key concerns included the fairness of the terms and conditions, the adequacy of the agreement in protecting employee interests, and whether it met the requirements for approval under the legislation. The Commission also had to consider the balance of interests between the employer and the employees.

The Commission meticulously reviewed the terms of the proposed agreement and the submissions from both parties. It determined that the agreement was fair and reasonable, providing adequate protections for the employees. The Commission was satisfied that the agreement met all statutory requirements and did not disadvantage the employees. Consequently, the Commission approved the Enterprise Agreement.

The final orders included the approval of the GHS Regional WA Pty Ltd Enterprise Agreement - Labour Hire Employees - 2014, with the effective date specified in the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the labour hire employees under the terms outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established