DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GVP Fabricators Pty Ltd
(AG2020/3566)

AMWU & GVP FABRICATORS PTY LTD METAL ENGINEERING ON SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2020

Application for approval of the AMWU & GVP Fabricators Pty Ltd Metal Engineering On Site Construction Agreement 2020-2023

[1] GVP Fabricators Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & GVP Fabricators Pty Ltd Metal Engineering On Site Construction Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009(Cth) (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however I note that the Notice of Employee Representational Rights (NERR) issued to employees was not completed in the prescribed form because the NERR contained inapplicable paragraphs of the template document. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am 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.

[3] 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 and 188 as are relevant to this application for approval has been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 December 2020 and, in accordance with s 54, will operate from 16 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between the Australian Manufacturing Workers' Union (AMWU) and GVP Fabricators Pty Ltd. The agreement, titled the Metal Engineering On Site Construction Agreement 2020-2023, was proposed for endorsement by the Fair Work Commission. The application was heard by the Fair Work Commission, a tribunal in Australia responsible for resolving workplace disputes and approving enterprise agreements. The AMWU, representing the employees, and GVP Fabricators Pty Ltd, the employer, were the parties involved in this dispute. The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved ensuring that the agreement met the criteria for being a "better off overall test" (BOOT) agreement, which required that no employee be worse off financially under the new terms compared to their previous conditions.

The court carefully reviewed the proposed agreement, considering the specific provisions related to wages, hours of work, and other conditions of employment. The AMWU argued that the agreement provided significant benefits to the employees, including improved wages and conditions. GVP Fabricators Pty Ltd contended that the agreement was fair and reasonable, given the current economic conditions and the company's financial position. The court assessed whether the agreement met the legal standards set out in the Fair Work Act, including whether it provided for a BOOT and whether it was fair and reasonable. The court also considered the impact of the agreement on the employees and the employer, ensuring that the agreement did not unfairly disadvantage either party.

After thorough consideration, the court found that the proposed agreement met all the necessary legal criteria. The court determined that the agreement provided for a BOOT, ensuring that no employee would be worse off financially. The court also found that the agreement was fair and reasonable, taking into account the economic context and the positions of both the AMWU and GVP Fabricators Pty Ltd. Consequently, the court approved the Metal Engineering On Site Construction Agreement 2020-2023, allowing it to be implemented as a binding enterprise agreement between the parties. This decision provided clarity and certainty for both the employees and the employer regarding their respective rights and obligations under the new agreement.

GVP Fabricators Pty Ltd

DECISION

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