Goldfields Protective Coatings Pty Ltd T/A Trustee for the GPC Unit Trust

[2013] FWCA 2848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldfields Protective Coatings Pty Ltd T/A Trustee for the GPC Unit Trust
(AG2013/323)

GOLDFIELDS PROTECTIVE COATINGS PTY LTD TRADING AS TRUSTEE FOR THE GPC UNIT TRUST ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 MAY 2013

Application for approval of the Goldfields Protective Coatings Pty Ltd Trading as Trustee for the GPC Unit Trust Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Goldfields Protective Coatings Pty Ltd Trading as Trustee for the GPC Unit Trust Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Goldfields Protective Coatings Pty Ltd, trading as the trustee for the GPC Unit Trust, applied to the Fair Work Commission for approval of the Goldfields Protective Coatings Pty Ltd Trading as Trustee for the GPC Unit Trust Enterprise Agreement 2012. The applicants, who are the employers, sought to have the enterprise agreement approved by the Commission. The dispute arose from the negotiation and subsequent approval of the terms and conditions of employment within the enterprise agreement between the employer and the employees.

The legal issues before the court included whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and whether it met the requirements for a simple summary. Additionally, the court needed to consider if the agreement provided for procedural fairness and if the process followed was appropriate for the circumstances.

The Fair Work Commission found that the enterprise agreement was made in good faith and that it complied with the relevant statutory provisions. The Commission noted that the process followed in the negotiation and finalisation of the agreement was appropriate and met the procedural fairness requirements. Furthermore, the Commission was satisfied that the agreement provided for a simple summary of the terms and conditions of employment, making it suitable for approval.

Consequently, the Fair Work Commission approved the Goldfields Protective Coatings Pty Ltd Trading as Trustee for the GPC Unit Trust Enterprise Agreement 2012. The decision confirmed that the agreement was valid and binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established