GTS Industries Pty Ltd T/A GTS Industries Pty Ltd

[2022] FWCA 1929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GTS Industries Pty Ltd T/A GTS Industries Pty Ltd

(AG2022/1719)

GTS Industries Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 14 JUNE 2022

Application for approval of the GTS Industries Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the GTS Industries Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GTS Industries Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, GTS Industries Pty Ltd T/A GTS Industries Pty Ltd applied for the approval of the GTS Industries Pty Ltd Enterprise Agreement 2021. The dispute involves the negotiation and approval of a new enterprise agreement intended to regulate the employment terms and conditions of certain employees of the company. The application was brought to the Fair Work Commission, which is the body responsible for overseeing and approving enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "better off overall" and whether it contained all the necessary provisions and avoided any prohibited content as outlined in the legislation. The Commission also needed to assess whether the agreement was made in good faith and whether the bargaining process was conducted fairly.

In delivering its decision, the Commission meticulously reviewed the contents of the proposed agreement against the statutory requirements. It found that the agreement contained all the mandated provisions and did not include any prohibited content. Furthermore, the Commission determined that the agreement was made in good faith and that the bargaining process was conducted fairly and transparently. Consequently, the Commission approved the GTS Industries Pty Ltd Enterprise Agreement 2021, finding it to be compliant with the Fair Work Act 2009. This approval ensures that the agreement will now form the basis of the employment terms and conditions for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established