Greater Geelong Constructions Pty Ltd

[2024] FWCA 2995

[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

1. 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).

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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Annexure A