DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GLE Plant Hire Pty Ltd T/A GLE Civil and Pipeline Contractors
(AG2020/3350)

GLE CIVIL AND PIPE ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 7 DECEMBER 2020

Application for approval of the GLE Civil and Pipe Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the GLE Civil and Pipe Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GLE Plant Hire Pty Ltd T/A GLE Civil and Pipeline Contractors. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2020. The nominal expiry date of the Agreement is 7 September 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved GLE Plant Hire Pty Ltd, trading as GLE Civil and Pipeline Contractors, and the Australian Manufacturing Workers Union. The dispute centred around the application for the approval of the GLE Civil and Pipeline Enterprise Agreement 2016, which was submitted to the Fair Work Commission. The matter was brought before the Fair Work Commission by the Australian Manufacturing Workers Union, which sought to have the enterprise agreement disallowed on the basis that it did not meet certain statutory requirements.

The primary legal issue before the court was whether the enterprise agreement in question complied with the relevant provisions of the Fair Work Act 2009. Specifically, the union argued that the agreement failed to provide for a fair and equitable resolution of disputes between the employer and employees, as required by section 235(1)(e) of the Act. The court was required to determine whether the dispute resolution provisions in the agreement were adequate and whether they met the necessary standards prescribed by the legislation.

The Fair Work Commission considered the provisions of the agreement and examined the arguments presented by both parties. The Commission found that the enterprise agreement contained a dispute resolution process that was compliant with the statutory requirements. The Commission emphasised that the agreement included mechanisms for the fair and timely resolution of disputes, including the establishment of a dispute resolution committee. The court concluded that the agreement was in line with the legal standards and, therefore, upheld the application for approval.

In light of the above, the Fair Work Commission dismissed the application to have the enterprise agreement disallowed. The Commission confirmed that the agreement was valid and in compliance with the Fair Work Act 2009, and it approved the agreement as submitted. The union's application was dismissed, and the enterprise agreement was approved and registered with the Fair Work Commission.

GLE Plant Hire Pty Ltd T/A GLE Civil and Pipeline Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established