GR Engineering Services Limited

[2023] FWCA 924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

GR Engineering Services Limited

(AG2023/657)

APPLICATION FOR APPROVAL OF THE GR ENGINEERING SERVICES LIMITED ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 28 MARCH 2023

Application for approval of the GR Engineering Services Limited Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the GR Engineering Services Limited Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GR Engineering Services Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER SIMPSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GR Engineering Services Limited applied to the Fair Work Commission for approval of its 2023 Enterprise Agreement. The parties involved in the agreement were GR Engineering Services Limited, the employer, and the United Voice union, representing the employees. The nature of the dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission, under the leadership of Deputy President A. J. G. Ryan, was tasked with determining this matter. The Commission needed to assess if the agreement was in the best interest of the employees and if it complied with the provisions of the Act.

The primary legal issue before the Commission was whether the proposed agreement satisfied the criteria for approval as outlined in the Fair Work Act. This involved evaluating whether the agreement had been genuinely negotiated, was free from coercion or undue influence, and contained provisions that were fair and reasonable. Additionally, the Commission had to consider if the agreement provided for minimum entitlements and if it was consistent with the broader framework of industrial relations law in Australia. The Commission also had to assess if the agreement provided for appropriate dispute resolution mechanisms and if it allowed for the protection of vulnerable employees.

The Fair Work Commission found that the proposed enterprise agreement met the criteria for approval. The Deputy President noted that the agreement had been genuinely negotiated and was free from any form of coercion or undue influence. The provisions of the agreement were found to be fair and reasonable, providing for minimum entitlements and aligning with the broader industrial relations framework. The agreement also included adequate dispute resolution mechanisms and measures to protect vulnerable employees. Consequently, the Deputy President approved the application for the agreement to be registered under the Fair Work Act. The decision affirmed that the agreement would benefit the employees by providing a clear framework for their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established