DECISION

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

GM Cabling Solutions Pty Limited T/A GM Cabling Solutions
(AG2018/6481)

GM CABLING SOLUTIONS PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 2 JULY 2019

Application for approval of the GM Cabling Solutions Pty Limited Single Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by GM Cabling Solutions Pty Limited T/A GM Cabling Solutions(the applicant) for the approval of an enterprise agreement known as the GM Cabling Solutions Pty Limited Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding:

• Non-engagement of school-based apprentices and trainees;

• Payment of TOIL upon termination;

• Leading hand allowance and pay rates for apprentices; and

• Variation of hours. 1

[3] A copy of the undertakings is attached at the end of the Agreement. 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. The bargaining representatives have approved the undertakings.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 4 years commencing from the date of approval.

DEPUTY PRESIDENT

1 Undertaking 8 of the Undertakings provided by the Applicant refers to clause 6.4.8. The reference to clause 6.4.8 is taken to mean clause 6.3.8.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of GM Cabling Solutions Pty Limited trading as GM Cabling Solutions, the Fair Work Commission was called upon to approve a single enterprise agreement proposed by the employer. This decision involved the application to affirm the GM Cabling Solutions Pty Limited Single Enterprise Agreement 2018, which was presented for endorsement as a lawful and fair agreement under the Fair Work Act 2009. The application was made by the employer, and the Fair Work Commission was tasked with determining whether the agreement met the criteria for approval.

The key legal issues before the Commission were whether the agreement had been fairly negotiated and if it contained the necessary provisions for a single enterprise agreement. Specifically, the Commission had to assess if the agreement complied with the requirements set out in the Fair Work Act and if it was fair and reasonable in all its terms. This involved examining the negotiation process, the content of the agreement, and the interests of the employees it covered.

The Fair Work Commission found that the agreement was fairly negotiated and contained all the necessary provisions for a single enterprise agreement. The Commission noted that the employer had demonstrated a genuine effort to negotiate with the employee representatives and that the terms of the agreement were fair and reasonable. The Commission also highlighted that the agreement provided for appropriate protections for employees, including provisions for wages, conditions, and dispute resolution mechanisms. Consequently, the Commission approved the GM Cabling Solutions Pty Limited Single Enterprise Agreement 2018.

The Fair Work Commission's final orders were that the GM Cabling Solutions Pty Limited Single Enterprise Agreement 2018 be approved as a lawful and fair agreement. This approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between the employer and the employees covered by it. The approval provides certainty and stability for both the employer and employees, and it will remain in effect until superseded by a new agreement or terminated in accordance with the Fair Work Act.

GM Cabling Solutions Pty Limited T/A GM Cabling Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established