DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Construction & Maintenance Services Pty Ltd
(AG2015/1255)

GLOBAL CONSTRUCTION & MAINTENANCE SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2015

Application for approval of the Global Construction & Maintenance Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Global Construction & Maintenance Services Pty Ltd Enterprise Agreement 2015 (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 & Maintenance Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement was approved on 9 June 2015 and, in accordance with s.54, will operate from 16 June 2015. The nominal expiry date of the Agreement is 8 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Global Construction & Maintenance Services Pty Ltd applied for approval of the Global Construction & Maintenance Services Pty Ltd Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued the agreement did not meet the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the enterprise agreement complied with the legal standards for approval, particularly concerning the definition of employee and coverage of the agreement.

The Commission considered whether the definition of "employee" within the agreement was sufficiently broad to cover all workers intended to be included. The union argued that the definition was too narrow and excluded some workers who should be covered. The employer contended that the definition was appropriate and included all intended employees. The Commission examined the language of the agreement and relevant legal provisions to determine if the definition was broad enough to encompass all relevant workers. The Commission also considered whether the agreement met the requirements for "better off overall" and if the agreement contained all necessary provisions as stipulated by the Act.

After thorough analysis, the Commission found that the definition of "employee" was indeed broad enough to include all intended workers, and the agreement met the "better off overall" test. The Commission approved the agreement, noting that while there were some areas for improvement, the overall provisions were fair and met the statutory requirements. The decision was made in favour of the applicant, and the agreement was approved.

The Fair Work Commission approved the Global Construction & Maintenance Services Pty Ltd Enterprise Agreement 2015, finding it met the necessary statutory requirements. This includes the broad definition of "employee" and the "better off overall" test. The Commission acknowledged minor areas for improvement but ultimately determined the agreement to be fair and compliant with the Fair Work Act 2009.

Global Construction & Maintenance Services 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