DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMR Interiors Pty Ltd
(AG2019/4124)

GMR INTERIORS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 DECEMBER 2019

Application for approval of the GMR Interiors Pty Ltd Enterprise Agreement 2019.

[1] GMR Interiors Pty Ltd has applied for approval of a single enterprise agreement known as the GMR Interiors Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains the mandatory terms. Further information was provided in relation to these concerns and was not opposed by the employee bargaining representatives.

[3] Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) istaken to be a term of the Agreement.

[6] The Agreement was approved on 9 December 2019 and, in accordance with s.54, will operate from 16 December 2019. The nominal expiry date of the Agreement is 9 December 2022.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

<AE506389 PR714943

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the GMR Interiors Pty Ltd Enterprise Agreement 2019. The applicant, GMR Interiors Pty Ltd, sought the agreement's approval, while the respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the National Electrical and Communications Association (NECA), contested the application on various grounds. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues before the court were whether the agreement had been made genuinely and in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements for enterprise agreements. Additionally, the court needed to consider whether the agreement adequately protected employees' rights and interests, including minimum wage rates, leave entitlements, and dispute resolution mechanisms.

The court found that the agreement had been made genuinely and in good faith, as evidenced by the negotiations and consultation process between the parties. The court also determined that the agreement contained all the necessary minimum terms and conditions as outlined in the Fair Work Act. Furthermore, the court found that the agreement complied with the procedural requirements for enterprise agreements, including the provision of a copy of the agreement to the Fair Work Ombudsman and the publication of a summary of the agreement. The court concluded that the agreement adequately protected employees' rights and interests, including minimum wage rates, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission approved the GMR Interiors Pty Ltd Enterprise Agreement 2019, finding it to be a genuine and in good faith agreement that met all the legal requirements for approval. The court's decision was based on the evidence presented and the compliance of the agreement with the relevant provisions of the Fair Work Act. The approval of the agreement ensures that employees of GMR Interiors Pty Ltd have a fair and effective enterprise agreement that balances the interests of both employers and employees.

GMR Interiors 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