GR Engineering Services Limited

[2013] FWCA 2852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GR Engineering Services Limited
(AG2013/270)

GR ENGINEERING SERVICES LIMITED ENTERPRISE AGREEMENT 2013

Mining industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 MAY 2013

Application for approval of the GR Engineering Services Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GR Engineering Services Limited Enterprise Agreement 2013 (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

The applicants, representing the employees, and the respondent, representing the employer, appeared before the Fair Work Commission to seek approval of the GR Engineering Services Limited Enterprise Agreement 2013. The dispute centred on the terms and conditions of employment outlined in the agreement, specifically those pertaining to employee remuneration and working conditions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable method of determining the wages and conditions of employment, and whether it adhered to the principles of the National Employment Standards. The applicants argued that certain provisions of the agreement did not adequately protect employee entitlements, while the respondent contended that the agreement was fair and reasonable, offering a balanced approach to both employer and employee interests.

The Commission examined the provisions of the agreement against the statutory criteria and found that, while the agreement generally met the requirements, some aspects did not fully align with the National Employment Standards. The Commission emphasised the importance of fairness and reasonableness in employment agreements and highlighted the need for adequate protection of employee entitlements. After considering submissions from both parties, the Commission concluded that the agreement, with certain modifications, could be approved as meeting the statutory requirements for approval.

The Fair Work Commission ordered that the GR Engineering Services Limited Enterprise Agreement 2013 be approved with modifications to certain provisions to ensure compliance with the National Employment Standards. These modifications were intended to better protect employee entitlements and ensure that the agreement met the criteria for fairness and reasonableness as required by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established