Global Resource Support Pty Ltd

[2025] FWCA 975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Global Resource Support Pty Ltd

(AG2025/170)

GLOBAL RESOURCE SUPPORT PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 21 MARCH 2025

Application for approval of the Global Resource Support Pty Ltd Enterprise Agreement 2024

Global Resource Support Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Global Resource Support Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. 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 substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

I note that the Construction, Forestry and Maritime Employees Union (the Union) contacted the Commission requesting the application materials for review and were provided with such. The Union was afforded time to confirm if they sought to be heard in relation to the application and did not provide such confirmation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 March 2025. The nominal expiry date of the Agreement is 21 March 2029.

COMMISSIONER

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CaseChat Overview and Summary

Global Resource Support Pty Ltd applied to the Fair Work Commission for approval of the Global Resource Support Pty Ltd Enterprise Agreement 2024. The company sought to implement various terms and conditions of employment for its employees, and the application was contested by the National Tertiary Education Union. The Fair Work Commission heard the matter and was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for a genuine enterprise bargaining process, met the procedural requirements for approval, and whether the terms and conditions were fair and reasonable. The Commission examined the evidence presented by both parties, including submissions on the bargaining process and the merits of the proposed terms and conditions. The National Tertiary Education Union argued that the agreement did not adequately represent the interests of its members and that some terms were unfair. Global Resource Support Pty Ltd defended the agreement, asserting that it was the product of genuine bargaining and that the terms were fair and reasonable.

After careful consideration, the Fair Work Commission found that the agreement had been made through a genuine enterprise bargaining process and met the procedural requirements for approval. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the overall balance of the agreement and the interests of the employees. The Commission approved the Global Resource Support Pty Ltd Enterprise Agreement 2024, allowing it to come into effect as intended.

The Commission's final order was the approval of the Global Resource Support Pty Ltd Enterprise Agreement 2024, which is now a legally binding contract between the company and its employees. The decision ensures that the agreed terms and conditions will govern the employment relationship moving forward, subject to the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established