DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMR Interiors Pty Ltd
(AG2017/3953)

GMR INTERIORS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 DECEMBER 2017

Application for approval of the GMR Interiors Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GMR Interiors Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GMR Interiors Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 December 2017 and, in accordance with s.54, will operate from 20 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GMR Interiors Pty Ltd is a company that employs a number of workers covered by the Building and Construction Industry (General) Award 2009. The company sought approval of an enterprise agreement with its employees, which was made in accordance with the Fair Work Act 2009. The dispute was heard in the Fair Work Commission (FWC), an independent statutory tribunal with jurisdiction to hear and determine matters relating to workplace relations and employment.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the FWC needed to consider whether the agreement met the requirements for "no disadvantage" and "better-off overall" tests, which are designed to ensure that employees are not worse off under the agreement than they would be under the applicable award or registered agreement. The FWC also needed to consider whether the agreement contained appropriate dispute resolution provisions.

In its decision, the FWC found that the proposed agreement met the "no disadvantage" and "better-off overall" tests. The FWC noted that the agreement provided for a number of improvements to the employees' entitlements, including higher wages, better leave provisions, and improved conditions. The FWC also found that the dispute resolution provisions in the agreement were appropriate and met the requirements of the Fair Work Act. As a result, the FWC approved the agreement, which will now be binding on the parties.

The FWC's approval of the agreement is final and binding, and cannot be challenged in any court or tribunal. The agreement will now apply to the employees of GMR Interiors Pty Ltd, and will supersede the relevant award or registered agreement in relation to the terms and conditions of their employment.

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