DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMF Contractors 2012 Pty Ltd
(AG2021/5415)

GMF CONTRACTORS 2012 PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2021

Application for approval of the GMF Contractors 2012 Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the GMF Contractors 2012 Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GMF Contractors 2012 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 12 July 2021. The nominal expiry date of the Agreement is 5 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, GMF Contractors 2012 Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on various grounds. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval.

The central legal issue before the court was whether the enterprise agreement satisfied the requirements of the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement provided for genuine bargaining, covered the necessary employees, and included provisions that complied with the statutory minimum standards. The court also needed to consider whether the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement had been negotiated in good faith and provided for genuine bargaining, as evidenced by the extensive consultation process between the parties. The court was satisfied that the agreement covered the requisite employees and contained provisions that met or exceeded the statutory minimum standards. The court concluded that the agreement was in the best interests of the employees, taking into account the benefits and protections it provided. Accordingly, the court approved the application for the enterprise agreement.

The Fair Work Commission approved the GMF Contractors 2012 Pty Ltd Enterprise Agreement 2020, effective from the date of the decision. The agreement will now apply to the relevant employees and employers, governing their employment terms and conditions.

GMF Contractors 2012 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