GMR Interiors Pty Ltd

[2019] FWCA 8290

[2019] FWCA 8290

FAIR WORK COMMISSION

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.

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