DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland Group Training Ltd T/A Apprenticeships Group Australia
(AG2014/10944)

GIPPSLAND GROUP TRAINING LTD ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 27 JANUARY 2015

Application for approval of the Gippsland Group Training Ltd Enterprise Agreement 2015.

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

[2] The employer has provided undertakings pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. The undertakings are attached to this decision at Attachment A, and are taken to form part of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2015. The nominal expiry date of the Agreement is 2 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Gippsland Group Training Ltd, trading as Apprenticeships Group Australia, an application was brought before the Fair Work Commission for the approval of the Enterprise Agreement 2015. The dispute arose from the proposed terms and conditions outlined in the agreement, which was to govern the employment of the company's workers. The application for approval was contested by certain parties who raised concerns about various aspects of the agreement.

The legal issues before the court encompassed the fairness and compliance of the proposed agreement with the requirements set forth in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was genuinely bargained, free from any form of coercion or undue influence, and whether it met the standards of procedural fairness. Furthermore, the court had to ensure that the agreement did not undermine the safety net of minimum entitlements and that it was not inconsistent with any relevant award or agreement.

In its deliberation, the court examined the negotiation process and the content of the agreement. It was established that the agreement had been the product of genuine bargaining between the parties. The court found that the negotiation process was fair and transparent, with all parties having an opportunity to present their views. Additionally, the terms of the agreement were deemed to be within the bounds of procedural fairness and did not undermine the minimum safety net of entitlements. After considering all submissions, the court was satisfied that the agreement met all the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2015, confirming its validity and legality. The court's decision was based on the evidence presented, which demonstrated that the agreement was fairly negotiated and complied with all necessary legislative standards. This approval now allows the terms and conditions set out in the agreement to be implemented, governing the employment relationship between Gippsland Group Training Ltd and its workforce.

Gippsland Group Training Ltd T/A Apprenticeships Group Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established