GSTEC Pty Ltd

[2023] FWCA 1684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GSTEC Pty Ltd

(AG2023/1547)

GSTEC PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JUNE 2023

Application for approval of the GSTEC Pty Ltd Single Enterprise Agreement 2023

GSTEC Pty Ltd has made an application for approval of an enterprise agreement known as the GSTEC Pty Ltd Single Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 8 June 2023 and, in accordance with s 54, it will operate from 15 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved GSTEC Pty Ltd, an employer, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the GSTEC Pty Ltd Single Enterprise Agreement 2023, which aimed to establish the terms and conditions of employment for the employees. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issues the FWC had to address were whether the agreement complied with the provisions of the Fair Work Act, particularly sections concerning minimum entitlements, dispute resolution, and procedural fairness. The FWC also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement had been made in good faith. Furthermore, the FWC needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

In examining these issues, the FWC carefully reviewed the provisions of the agreement, the submissions from both parties, and relevant legal precedents. The FWC concluded that the agreement met the statutory requirements and contained fair and reasonable terms and conditions of employment. The Commission found that the agreement provided for minimum entitlements consistent with the Fair Work Act and included provisions for dispute resolution that were fair and accessible. The FWC also determined that the agreement had been made in good faith and appropriately balanced the interests of both parties. Based on these findings, the FWC approved the GSTEC Pty Ltd Single Enterprise Agreement 2023.

The final orders of the FWC included the approval of the GSTEC Pty Ltd Single Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and both parties were directed to comply with its terms. The FWC also noted that any future disputes arising under the agreement should be resolved through the agreed-upon dispute resolution procedures.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established