Greater Geelong Constructions Pty Ltd

[2024] FWCA 2995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greater Geelong Constructions Pty Ltd

(AG2024/2755)

GGC PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 16 AUGUST 2024

Application for approval of the GGC Pty Ltd & The Australian Workers’ Union Agreement 2024

Greater Geelong Constructions (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 GGC Pty Ltd & The Australian Workers’ Union Agreement 2024 (the Agreement).

The Australian Workers’ Union, 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.

The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “GGC Major Constructions projects and Maintenance Agreement 2024” which does not match the title of the Agreement to be approved. 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.

The Agreement does not provide rates of pay for trainees. The Employer provided undertakings that trainees will be paid under the classifications in the Agreement to address this issue.

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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 23 August 2024. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an agreement between Greater Geelong Constructions Pty Ltd and The Australian Workers’ Union Agreement 2024. The application was brought under the Fair Work Act 2009, seeking the Commission's approval for the agreement to be registered as a registered agreement, thereby binding all parties and providing it with the statutory protections and enforcement mechanisms available under the Act.

The central legal issues for the Commission to determine were whether the agreement met the procedural requirements for registration and if it complied with the substantive provisions of the Fair Work Act. Specifically, the Commission needed to ensure the agreement was genuinely negotiated between the parties, that it adhered to the provisions regarding minimum entitlements and terms, and that it did not contain any discriminatory provisions. The Commission also had to assess whether the agreement was in the best interests of the employees it covered.

In delivering its decision, the Commission found that the agreement had been genuinely negotiated and contained provisions that were consistent with the Act. The Commission noted that the agreement provided for fair terms and conditions of employment and did not contain any discriminatory provisions. The Commission concluded that the agreement was in the best interests of the employees, as it offered a balanced set of rights and obligations that provided job security and fair wages. Consequently, the Commission approved the agreement for registration, finding it to be compliant with both procedural and substantive requirements under the Fair Work Act.

The Commission's final order was that the Greater Geelong Constructions Pty Ltd and The Australian Workers’ Union Agreement 2024 be approved and registered as a registered agreement under the Fair Work Act 2009. This registration would take effect from the date of the Commission's decision, providing the necessary protections and enforceability to the agreement for the benefit of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established