DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Greater Geelong Constructions Pty Ltd T/A GGC Scaffolding
(AG2018/2030)

GGC & AUSTRALIAN WORKERS' UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 7 AUGUST 2018

Application for approval of the GGC & Australian Workers' Union Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the GGC & Australian Workers’ Union Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Greater Geelong Constructions Pty Ltd, trading as GGC Scaffolding, applied for the approval of the GGC & Australian Workers' Union Agreement 2018. The application arose as the agreement was proposed to cover employees who were part of the scaffolding industry, and the union sought to formalise terms and conditions of employment. The union argued the agreement was necessary to provide fair and equitable terms for the workers, while the company contended that certain provisions were overly prescriptive and detrimental to business operations.

The central legal issues before the Commission involved the scrutiny of specific clauses within the agreement to ensure they complied with the Fair Work Act 2009 and other relevant industrial instruments. The Commission had to determine whether the terms and conditions set forth in the agreement were fair and reasonable, taking into account the principles of good faith bargaining and the best interests of the employees. Furthermore, the Commission needed to assess if any provisions within the agreement unduly restricted the employer's operational flexibility or imposed excessive obligations.

The Commission found that the overall agreement was fair and reasonable, addressing the core needs of the employees while balancing the interests of the employer. The Commission approved the agreement with minor amendments to certain clauses, which were deemed to be excessively stringent. The modifications ensured that the agreement remained fair and reasonable, providing adequate protections for employees without imposing undue burdens on the employer. The Commission concluded that the agreement, as amended, met the statutory requirements and served the best interests of both the employees and the employer.

The final orders of the Commission were that the GGC & Australian Workers' Union Agreement 2018 be approved with the specified amendments. The changes primarily involved relaxing certain operational constraints and adjusting the scope of some provisions to ensure they did not unduly hinder the company's ability to conduct business effectively. The approval of the agreement with these amendments ensures that the terms and conditions of employment are fair and reasonable for the employees covered by the agreement.

Greater Geelong Constructions Pty Ltd T/A GGC Scaffolding

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established