DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GN Construction (Aust) Pty Ltd
(AG2018/5080)

G N CONSTRUCTION (AUST) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 28 MARCH 2019

Application for approval of the G N Construction (Aust) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the G N Construction (Aust) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GN Construction (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 referr ed to above, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 28 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GN Construction (Aust) Pty Ltd was the applicant seeking approval for the Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was responsible for determining whether the agreement met the necessary criteria for approval. The primary dispute centred on whether the agreement appropriately balanced the interests of the employees and the employer while complying with relevant industrial legislation. The Commission's task was to assess the fairness and appropriateness of the terms and conditions outlined in the agreement, considering both the economic and non-economic factors stipulated by law.

The legal issues before the Commission involved whether the agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided procedural fairness to the employees, was free from coercion and undue influence, and did not unfairly discriminate against any group of employees. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it met the "better off overall test" to ensure that no employee would be worse off under the new agreement. These determinations required careful scrutiny of the negotiation process and the content of the agreement.

In reaching its decision, the Commission reviewed the negotiation process and the content of the Enterprise Agreement 2018. It found that the agreement had been fairly negotiated and that the parties had acted in good faith. The Commission also determined that the agreement provided procedural fairness to employees and did not unfairly discriminate against any group. Importantly, it concluded that the agreement met the "better off overall test," meaning that no employee would be worse off under the new terms. Consequently, the Commission approved the agreement, recognising it as fair and appropriate under the circumstances.

GN Construction (Aust) 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