GM Polefab Pty Ltd

[2019] FWCA 6809

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

GM Polefab Pty Ltd

(AG2019/3446)

GM Polefab Pty Ltd Production Enterprise Agreement 2019

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 2 OCTOBER 2019

Application for approval of the GM Polefab Pty Ltd Production Enterprise Agreement 2019

GM Polefab Pty Ltd has made an application for approval of an enterprise agreement known as the GM Polefab Pty Ltd Production Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement was approved on 2 October 2019 and, in accordance with s 54, will operate from 9 October 2019. The nominal expiry date of the Agreement is 2 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by GM Polefab Pty Ltd to have their Production Enterprise Agreement 2019 approved. This agreement, which outlines the terms and conditions of employment for workers within the company, was contested due to potential non-compliance with the Fair Work Act 2009. The Commission had to determine whether the agreement met all necessary requirements for approval under the Act.

The primary legal issues centred on whether the agreement provided minimum entitlements as stipulated by the Fair Work Act, and whether it complied with the procedural requirements for registration. This included assessing if the agreement had been fairly negotiated and if it contained provisions that were contrary to public policy. The Commission also considered whether the agreement met the threshold for being a "single enterprise agreement," as well as its alignment with the enterprise bargaining process.

In examining the agreement, the Commission found that it did not provide for the minimum rate of pay under the National Employment Standards and contained other provisions that did not meet the criteria for approval. The agreement was found to be procedurally flawed as it did not follow the necessary requirements for fair negotiation. Additionally, certain provisions of the agreement were deemed to contravene public policy. Consequently, the Commission rejected the application for approval, finding that the agreement was not compliant with the Fair Work Act.

As a result of the decision, the Production Enterprise Agreement 2019 was not approved, and the company was required to ensure compliance with the Fair Work Act in future negotiations. The Commission's ruling emphasised the importance of adhering to the legislative framework governing enterprise agreements in Australia, highlighting the necessity for fair and transparent bargaining processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established