Gorilla Labour Solutions Pty Ltd

[2024] FWCA 3274

[2024] FWCA 3274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gorilla Labour Solutions Pty Ltd

(AG2024/3142)

GORILLA LABOUR SOLUTIONS COLLECTIVE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Gorilla Labour Solutions Collective Agreement 2024

1. Gorilla Labour Solutions Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Gorilla Labour Solutions Collective Agreement 2024 (the Agreement).

1. The Notice of Employee Representational Rights (NERR) that was issued to the employees was not in the form prescribed by the regulations. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. However, noting clause 1.5 of the Agreement, I am satisfied that the workplace delegates’ rights term in Clause 36A of the Building and Construction General On-site Award 2020 (the Award) is incorporated into the Agreement.

1. Clause 5.3 of the Agreement provides a $9/day work allowance for all employees under the Agreement, which is expressed to be in compensation of all monetary allowances provided for in the Award. Employees in the CW and CW 1 classifications under the Agreement may not have been better off overall. To address this issue, the Employer provided an undertaking to the effect that:

• The $9/day work allowances will be treated as an all-purpose allowance and incorporated into the hourly rate for all classifications in the Agreement; and

• The allowances in the Award will apply in addition to the work allowance provided under clause 5.3 of the Agreement.

1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. Subject to the undertaking referred 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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Annexure A