Group One Services Pty Ltd

[2013] FWCA 5285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Group One Services Pty Ltd
(AG2013/2107)

GROUP ONE SERVICES PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 1 AUGUST 2013

Application for approval of the Group One Services Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Group One Services Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Group One Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns the dispute settlement term in Clause 9 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2013. The nominal expiry date of the Agreement is 1 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Group One Services Pty Ltd was the subject of an application for approval of an enterprise agreement, specifically the Group One Services Pty Ltd Enterprise Agreement 2013-2017. The applicant was the employer, Group One Services Pty Ltd, and the respondents were the employees who were party to the agreement. The dispute arose over the fairness and validity of the agreement, particularly concerning the terms and conditions of employment for the respondents. The matter was heard in the Fair Work Commission.

The legal issues that the Commission was required to decide included whether the agreement had been made in accordance with the applicable provisions of the Fair Work Act 2009, whether the agreement was procedurally and substantively fair, and whether it complied with the requirements of being a "single, integrated and stand-alone" document. Furthermore, the Commission had to determine if the agreement contained terms that were outside the scope of what could be covered by an enterprise agreement.

In reaching its decision, the Commission examined the process by which the agreement was negotiated, the content of the agreement, and whether it met the criteria for approval. The Commission found that the agreement was procedurally fair, as it had been negotiated in good faith and followed the necessary procedures. The Commission also concluded that the substantive terms of the agreement were fair, considering the nature of the work and the bargaining positions of the parties. However, the Commission did identify some issues with certain provisions that it considered to be outside the scope of an enterprise agreement. Despite these issues, the Commission determined that the overall agreement was fair and in compliance with the legislative requirements.

The Commission ultimately approved the Group One Services Pty Ltd Enterprise Agreement 2013-2017, subject to the modifications necessary to address the scope issues identified during the hearing. The final orders included that the agreement would be registered and enforceable from the date of the Commission's decision, with the specified modifications to be implemented by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established