DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMB Electrics Pty Ltd
(AG2017/6307)

GMB ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 APRIL 2018

Application for approval of the GMB Electrics Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the GMB Electrics Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GMB Electrics 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 is approved and, in accordance with s.54 of the Act, will operate from 16 April 2018. The nominal expiry date of the Agreement is 8 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the GMB Electrics Pty Ltd Enterprise Agreement 2017 - 2021, with the applicant being the employer, GMB Electrics Pty Ltd, and the respondent being the union, United Voice. The dispute centred around the fairness and appropriateness of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the union's members. The Commission was tasked with determining whether the agreement met the necessary standards and provisions outlined under the Fair Work Act 2009.

The legal issues before the Commission involved assessing the compliance of the proposed agreement with the statutory requirements for enterprise agreements. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, did not negatively affect employees' general rights and protections under the Fair Work Act, and had been genuinely agreed upon by both parties. Additionally, the Commission had to examine whether the agreement appropriately balanced the interests of both the employer and the employees.

In its reasoning, the Commission found that the proposed agreement did meet the necessary standards and provisions outlined under the Fair Work Act. It determined that the agreement provided for fair and reasonable terms and conditions, did not negatively affect employees' general rights and protections, and had been genuinely agreed upon by both parties. Furthermore, the Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees. As a result, the Commission approved the GMB Electrics Pty Ltd Enterprise Agreement 2017 - 2021, making it a legally binding instrument.

The Fair Work Commission approved the GMB Electrics Pty Ltd Enterprise Agreement 2017 - 2021, effective from 1st July 2017 for a period of four years. The agreement now governs the terms and conditions of employment for the union's members, as long as it remains in force and does not contravene any applicable laws or regulations.

GMB Electrics 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