Greater Geelong Constructions P/L T/A GGC Rigging and Scaffolding

[2021] FWCA 4583

[2021] FWCA 4583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greater Geelong Constructions P/L T/A GGC Rigging and Scaffolding
(AG2021/6230)

GGC RIGGING & SCAFFOLDING & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER O’NEILL	MELBOURNE, 30 JULY 2021

Application for approval of the GGC Rigging & Scaffolding & The Australian Workers’ Union Agreement 2021.

[1] Greater Geelong Constructions P/L T/A GGC Rigging and Scaffolding has applied for approval of an enterprise agreement known as the GGC Rigging & Scaffolding & The Australian Workers’ Union Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer has provided a written undertaking. 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.

[3] 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.

[4] Regarding the requirement in s.180(5) of the Act, the Employer’s Declaration in support of the application for approval (F17) together with supplementary information provided by the Applicant on 26 July 2021 evidences that:

● At a toolbox meeting held with the employees on 28 June 2021, the Employer did a “page turn” of the Agreement, explaining each clause, and the changes from their current agreement; and
● On 5 July 2021 the employees and the Employer met again, and at this meeting the Australian Workers’ Union (AWU) delegate was given the opportunity to talk to the employees about the Agreement.

[5] Each of the 12 employees who would be covered by the Agreement voted to approve it, and the scope, application, and most of the terms of the Agreement are essentially the same as the GGC & Australian Workers’ Union Agreement 2018, which nominally expired on 28 February 2021. The rates of pay in the Agreement are at least 90% higher than the Building and Construction General On-Site Award 2010 (which is incorporated into the Agreement). In all the circumstances, I am satisfied that the steps taken by the Employer were sufficient to meet the statutory requirements.

[6] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.4 – Notice of Termination;

•  Clause 57.1(b) – Period of Leave;

•  Clause 60 - Personal Leave (Sick Leave/Carers Leave); and

•  Clause 62.1 - Parental Leave.

However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

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Annexure A