Group One Services Pty Ltd

[2023] FWCA 2613

[2023] FWCA 2613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Group One Services Pty Ltd

(AG2023/2621)

GROUP ONE SERVICES PTY LTD ENTERPRISE AGREEMENT 2023 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 17 AUGUST 2023

Application for approval of the Group One Services Pty Ltd Enterprise Agreement 2023 - 2027

Introduction

1. Group One Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Group One Services Pty Ltd Enterprise Agreement 2023 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 14 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 24 July 2023.

Notice of Employee Representational Rights (NERR)

1. The NERR stated that the Agreement was proposed to cover employees that “2023-2027”. This sentence is missing the details of proposed coverage, and in contrast Clause 3 of the agreement provides that the Agreement applies to employees that perform predominantly on-site civil construction works, covered by the classifications in Annexure A, and within the ACT and surrounding regions. The Employer provided submissions that this matter constituted a minor technical error.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical or procedural error for the purposes of s.188(5)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

NES precedence term in Clause 4 of the Agreement

1. Clause 17 provides for compassionate leave, however it is silent in relation to the entitlement when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child, which may be inconsistent with the National Employment Standards (NES).

1. I note that in accordance with the NES precedence term in Clause 4 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Section 186, 187, 188 and 190

1. 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.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2023. The nominal expiry date of the Agreement is 17 August 2027.

[1] [2019] FWCFB 318.

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