DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Global Construction and Maintenance Services Australia Pty Ltd ATF GCMSA Trust T/A GCMSA Pty Ltd
(AG2015/5023)

GCMSA PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 7 OCTOBER 2015

Application for approval of the GCMSA Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the GCMSA Pty Ltd Ichthys Onshore Construction 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 Global Construction and Maintenance Services Australia Pty Ltd ATF GCMSA Trust T/A GCMSA Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Global Construction and Maintenance Services Australia Pty Ltd, trading as GCMSA Pty Ltd, for the approval of the GCMSA Pty Ltd Ichthys Onshore Construction Enterprise Agreement. This dispute centred on whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically concerning the procedural fairness and the bargaining process.

The central legal issues revolved around the legitimacy of the enterprise agreement, questioning whether the agreement was genuinely negotiated and whether the required procedural steps were appropriately followed. Additionally, the court needed to determine if the agreement met the criteria for being a low-paid, in-principle agreement, considering the implications of such a designation on the approval process.

The Fair Work Commission, after reviewing the submissions and evidence provided by both parties, found that the enterprise agreement had been negotiated in good faith and that all procedural requirements were satisfactorily met. The Commission also concluded that the agreement qualified as a low-paid, in-principle agreement. Consequently, the Commission approved the agreement, acknowledging that it met the necessary legal standards and provided a fair and equitable framework for the employment conditions of the workforce.

In approving the agreement, the Commission ordered that the GCMSA Pty Ltd Ichthys Onshore Construction Enterprise Agreement be registered, effective from the date of the decision. This registration ensures that the agreement will govern the employment terms of the relevant employees as intended.

Global Construction and Maintenance Services Australia Pty Ltd ATF GCMSA Trust T/A GCMSA Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established