DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Group One Services P/L
(AG2019/163)

GROUP ONE SERVICES PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 19 JULY 2019

Application for approval of the Group One Services Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Group One Services Pty Ltd Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Group One Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 19 July 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Group One Services P/L, an employer, and its employees represented by a union. The dispute centred on the application for approval of the Group One Services Pty Ltd Enterprise Agreement 2019-2022. The union had submitted the agreement for endorsement, and the employer sought approval of the terms as outlined. The Commission was tasked with assessing whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the requirements for approval under section 231 of the Fair Work Act. This involved examining if the agreement met the ‘better off overall test’ (BOOT) and whether it contained permissible matters. The Commission also needed to determine if the agreement was consistent with the applicable awards and whether it contained any invalid provisions that would render it unenforceable.

The Commission reviewed the agreement thoroughly, considering the BOOT and the permissible matters outlined in the Act. The Commission found that the agreement provided employees with a fair and reasonable outcome and met the BOOT. It was noted that the agreement contained provisions that were permissible under the Act, and there were no invalid provisions that would invalidate the agreement. The Commission concluded that the agreement was consistent with the relevant awards and did not contain any prohibited content. Based on this, the Commission approved the enterprise agreement, finding it to be fair and reasonable for the employees.

The Fair Work Commission approved the Group One Services Pty Ltd Enterprise Agreement 2019-2022, confirming that it met the necessary standards under the Fair Work Act. The Commission found the agreement to be fair and reasonable, consistent with applicable awards, and containing permissible matters. The employer and the union were directed to give effect to the approved agreement.

Group One Services P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established