Group One Services Pty Ltd Summary

[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

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

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.

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.

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)

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.

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

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).

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

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

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Group One Services Pty Ltd is the applicant in this case, seeking approval of an enterprise agreement. The agreement, which covers the period from 2023 to 2027, has been negotiated between the company and its employees. The Fair Work Commission is the court in which the application was lodged. The dispute revolves around whether the proposed terms and conditions of employment in the enterprise agreement are fair and reasonable, and whether they comply with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement met the requirements of section 230 of the Act and whether the agreement was procedurally sound. Specifically, the Commission had to determine if the agreement provided for terms and conditions of employment that were fair and reasonable, and whether there was proper consultation and negotiation between the parties. The Commission also had to consider whether the agreement complied with the provisions of the Act that protect employees from unfair dismissal and other adverse actions.

The Commission found that the enterprise agreement was fair and reasonable, and that the negotiation process was procedurally sound. The Commission noted that the agreement provided for terms and conditions of employment that were no less favourable than the applicable awards or registered agreements, and that it included provisions for consultation and dispute resolution. The Commission also found that the agreement complied with the provisions of the Act that protect employees from unfair dismissal and other adverse actions. The Commission approved the enterprise agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the Group One Services Pty Ltd Enterprise Agreement 2023-2027, subject to certain modifications. The modifications were necessary to ensure compliance with the Fair Work Act 2009, including provisions for consultation and dispute resolution. The Commission found that the agreement provided for terms and conditions of employment that were fair and reasonable, and that the negotiation process was procedurally sound. The approval of the enterprise agreement will provide certainty and stability to the parties and will facilitate the efficient operation of the company.

Group One Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established