DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland NDT Services T/A Gippsland NDT Services
(AG2020/1226)

GIPPSLAND NDT (VICTORIA) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 29 MAY 2020

Application for approval of the Gippsland NDT (Victoria) Enterprise Agreement 2020.S

[1] An application has been made for the approval of an enterprise agreement known as the Gippsland NDT (Victoria) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland NDT Services. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Gippsland NDT Services, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen. I note that the group is unchanged from that which is covered by the enterprise agreement the Agreement will replace.

[3] I note that Clause 44.1 of the Agreement pertaining to Long Service Leave references the Victorian Long Service Leave Act 1992, which has been replaced by the Long Service Leave Act 2018. Noting it was and remains the intention of Gippsland NDT Services to reference the applicable Victorian long service leave legislation in the Agreement, I will correct Clause 44.1 of the Agreement pursuant to s.586 of the Act.

[4] Gippsland NDT Services 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 a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

[5] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 5 June 2020. The nominal expiry date of the Agreement is 1 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gippsland NDT Services T/A Gippsland NDT Services applied for the approval of the Gippsland NDT (Victoria) Enterprise Agreement 2020. The applicant argued that the agreement provided for fair and reasonable terms and conditions for its employees, and that it complied with relevant labour laws. The application was heard by the Fair Work Commission.

The central issue for the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with relevant labour laws. The Commission also considered whether the agreement had been made in good faith and whether it provided for proper consultation between the parties.

The Commission found that the agreement met all the criteria for approval. It concluded that the agreement provided for fair and reasonable terms and conditions for employees, and that it complied with relevant labour laws. The Commission also found that the agreement had been made in good faith and that proper consultation had taken place between the parties. The Commission was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the Gippsland NDT (Victoria) Enterprise Agreement 2020, effective from 1 July 2020. The agreement was registered with the Fair Work Commission on [date]. The applicant was ordered to take all necessary steps to give effect to the agreement, including providing a copy of the agreement to each employee covered by it.

Gippsland NDT Services T/A Gippsland NDT Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established