DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GR Engineering Services Limited
(AG2017/2533)

GR ENGINEERING SERVICES LIMITED ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 NOVEMBER 2017

Application for approval of the GR Engineering Services Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GR Engineering Services Limited Enterprise Agreement 2017 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 13 November 2017 and, in accordance with s.54, will operate from 20 November 2017. The nominal expiry date of the Agreement is 13 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission considered an application by GR Engineering Services Limited for the approval of the GR Engineering Services Limited Enterprise Agreement 2017. The dispute arose as the parties were unable to reach a resolution regarding the terms of the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues the Fair Work Commission needed to address included whether the agreement provided for a modern, fair, and effective enterprise agreement, and if it complied with the relevant provisions of the Fair Work Act. The Commission also considered whether the agreement had been negotiated in good faith and whether it provided for appropriate processes for resolving disputes between the employer and employees.

The Fair Work Commission found that the proposed agreement met the criteria for a modern, fair, and effective enterprise agreement. The agreement provided for clear terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The Commission also found that the agreement had been negotiated in good faith and that it provided for appropriate processes for resolving disputes. The Fair Work Commission approved the GR Engineering Services Limited Enterprise Agreement 2017, finding that it complied with the relevant provisions of the Fair Work Act.

As a result of the Fair Work Commission's decision, the GR Engineering Services Limited Enterprise Agreement 2017 was approved and is now legally binding on the parties involved. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, and provides for the resolution of any disputes that may arise between the employer and employees.

GR Engineering Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established