Gippsland Group Training Limited T/A Apprenticeships Group Australia (AGA)

[2019] FWCA 7723

[2019] FWCA 7723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland Group Training Limited T/A Apprenticeships Group Australia (AGA)
(AG2019/3596)

GIPPSLAND GROUP TRAINING LTD ENTERPRISE AGREEMENT 2019-2023

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 12 NOVEMBER 2019

Application for approval of the Gippsland Group Training Limited Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Group Training Limited Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland Group Training Limited T/A Apprenticeships Group Australia (AGA). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] On 22 July 2019, the employer emailed employees proposed to be covered by the Agreement in relation to the nomination of bargaining representatives. Amongst other things, the email stated that the employer would ideally like one employee representative to cover each region and department of the business and identified six respective locations in this regard. The email raised concerns with the application of ss.176 and 178 of the Act. My Chambers sought submissions from the Applicant in this regard.

[5] The Applicant submits that the right of the employees to appoint bargaining representatives was not limited by the email dated 22 July 2019 because the employer consulted with employees at the expiry of the previous agreement about the preparations for negotiating a new enterprise agreement, including the requirement to appoint bargaining representatives. The Applicant further submits that employees were not disadvantaged by the number of representatives appointed as work arrangements within the organisation are distributed amongst six main branches. This arrangement is convenient and simpler for employees to consult and consolidate their proposals during negotiations from each respective branch. Having regard to the Applicant’s submissions, I am satisfied that the agreement would have been genuinely agreed to for the purposes of s.186(2)(a) and that employees covered by the Agreement were not likely to have been disadvantaged.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and in accordance with s.54, will operate from 19 November 2019. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506057  PR714178>

Annexure A