GMF Contractors 2012 Pty Ltd

[2013] FWCA 9504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMF Contractors 2012 Pty Ltd
(AG2013/9531)

GMF CONTRACTORS 2012 PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 DECEMBER 2013

Application for approval of the GMF Contractors 2012 Pty Ltd and Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the GMF Contractors 2012 Pty Ltd and Employees Enterprise Agreement 2013-2015 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 3 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the Agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of GMF Contractors 2012 Pty Ltd, the Fair Work Commission (FWC) was tasked with the approval of the GMF Contractors 2012 Pty Ltd and Employees Enterprise Agreement 2013-2015. The dispute arose from negotiations between the employer and employees regarding terms and conditions of employment. The FWC was called upon to review and approve the agreement to ensure it met the necessary legal standards and requirements.

The legal issues central to this case involved assessing whether the enterprise agreement complied with the Fair Work Act 2009, particularly in relation to its provisions on pay rates, working hours, leave entitlements, and other employment terms. The FWC also had to determine if the agreement adhered to the "better off overall test" (BOOT), which ensures that employees are not worse off financially as a result of the agreement. Additionally, the FWC examined whether the agreement was made in good faith and covered the necessary certification criteria.

Upon review, the FWC found that the agreement generally met the legislative requirements. The terms were deemed fair and balanced, with adequate provisions for pay rates, working hours, and leave entitlements. The FWC confirmed that the agreement satisfied the BOOT by demonstrating that employees would not be worse off overall. Furthermore, the FWC concluded that the agreement was made in good faith and fulfilled all certification criteria. As a result, the FWC approved the GMF Contractors 2012 Pty Ltd and Employees Enterprise Agreement 2013-2015, confirming its compliance with the relevant legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established