GMR Interiors Pty Ltd T/A GMR Interiors

[2022] FWCA 3451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GMR Interiors Pty Ltd T/A GMR Interiors

(AG2022/3969)

GMR Interiors Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 OCTOBER 2022

Application for approval of the GMR Interiors Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the GMR Interiors Pty Ltd Enterprise Agreement 2022 (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 T/A GMR Interiors. The Agreement is a single enterprise agreement.

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.

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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 8.1.4 – Summary Dismissal.

However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 6 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved GMR Interiors Pty Ltd, which applied for approval of the GMR Interiors Pty Ltd Enterprise Agreement 2022 under section 232 of the Fair Work Act 2009. The application was heard in the Fair Work Commission, presided over by Commissioner Derrington. The dispute centred on whether the enterprise agreement, which was made under section 176 of the Act, met the criteria for approval as stipulated in the legislation.

The legal issues before the court were whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act. This involved examining the process through which the agreement was made, including whether there was genuine bargaining between the employer and the employees, and whether the agreement met the procedural and substantive requirements of the Act. The court also needed to determine if the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant national workplace determination.

The court found that the agreement was genuinely made as it was the product of genuine bargaining between the parties. The employer had engaged in discussions with the employees' representatives, and the agreement reflected the outcomes of these negotiations. The court was satisfied that the agreement met all procedural requirements, including proper notification and the opportunity for objections. Additionally, the substantive terms of the agreement were found to be no less favourable than the relevant national workplace determination, thus complying with the statutory obligations. Based on these findings, the court approved the agreement, ensuring that it would provide the intended protections and benefits to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established