GHS Regional WA Pty Ltd T/A GHS Solutions Summary

[2014] FWCA 3502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GHS Regional WA Pty Ltd T/A GHS Solutions
(AG2014/5826)

GHS REGIONAL WA PTY LTD ENTERPRISE AGREEMENT 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 2014.

[1] An application has been made for approval of an enterprise agreement known as the GHS Regional WA Pty Ltd Enterprise Agreement 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

In the case of GHS Regional WA Pty Ltd T/A GHS Solutions, the Fair Work Commission was tasked with approving the GHS Regional WA Pty Ltd Enterprise Agreement 2014. The dispute arose from the application by the employer to have the agreement approved under section 234 of the Fair Work Act 2009. The legal issues that the Commission needed to resolve involved whether the agreement met the requirements for approval under the Act, including the provisions regarding the bargaining process, the terms and conditions, and the overall fairness of the agreement to the parties involved.

The Commission examined the procedural fairness of the agreement's negotiation process and considered whether the agreement had been made in good faith. The employer argued that the agreement was the result of a genuine attempt to negotiate in good faith, with adequate consultation and information provided to the employees. The Commission assessed the evidence provided by the employer regarding the negotiation process, including the timelines, communications, and attempts to reach a consensus. The Commission also considered whether the terms of the agreement were reasonable and necessary for the proper operation of the business and whether they were fair to the employees.

After reviewing the evidence and arguments presented by both parties, the Commission concluded that the negotiation process had been conducted in good faith, with the employer fulfilling its obligations to consult and negotiate with the employees' representatives. The Commission found that the agreement's terms and conditions were reasonable and necessary for the proper operation of the business and were fair to the employees. Therefore, the Commission approved the GHS Regional WA Pty Ltd Enterprise Agreement 2014, acknowledging that the agreement met the necessary requirements for approval under the Fair Work Act 2009.

GHS Regional WA Pty Ltd T/A GHS Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established