DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GS & BD Electrics Pty Ltd
(AG2019/4477)

GS & BD ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 8 JANUARY 2020

Application for approval of the GS & BD Electrics Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GS & BD Electrics Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by GS & BD Electrics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] It appears that the Employer did not provide the employees with the proper notice of the voting arrangements as stipulated within s.180 of the Act. In any event and pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3) of the Act. I am also satisfied that the employees covered by the agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2020. The nominal expiry date of the Agreement is 7 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GS & BD Electrics Pty Ltd recently had its Single Enterprise Agreement 2019 put forward for approval by the Fair Work Commission. The dispute revolved around whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith. The legal issues included whether the agreement provided for minimum rates of pay and conditions as required by the Act, and whether the agreement was made in accordance with the good faith bargaining provisions.

The Commission considered the submissions from both parties and the evidence presented. It found that the agreement provided for minimum rates of pay and conditions that were fair and reasonable, and that the agreement was made in good faith. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave provisions, and better protections for part-time and casual employees. The Commission was satisfied that the agreement met the requirements of the Act and was therefore approved.

The approval of the agreement is significant for both the employer and employees, as it provides for a fair and reasonable set of terms and conditions for the workforce. The agreement also provides for a streamlined bargaining process, which is likely to benefit both parties in the long term. The decision of the Commission provides clarity on the requirements for approval of enterprise agreements, and will be of interest to employers and employees across a range of industries.

GS & BD Electrics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established