DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Goss Projects Pty Ltd
(AG2017/2420)

DEEP GEM ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2017

Application for approval of the Deep Gem Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Deep Gem Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Goss Projects Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2017. The nominal expiry date of the Agreement is 3 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Goss Projects Pty Ltd, the applicant, sought approval of the Deep Gem Enterprise Agreement 2017 - 2021, which was made by the respondent, the Transport Workers Union of Australia. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The central legal issue was whether the agreement complied with the procedural and substantive requirements for an enterprise agreement to be registered by the Fair Work Commission.

The Fair Work Commission considered whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act 2009, including whether it was made free of any prohibited matters, such as those related to industrial action or discrimination. Additionally, the Commission assessed whether the agreement satisfied the substantive requirements, including provisions related to minimum wages and conditions, and whether it complied with the "better off overall test." The Commission found that the agreement met all procedural and substantive requirements for approval, as it was made free of prohibited matters, and its provisions ensured that employees were not worse off overall compared to their previous conditions of employment.

Following its analysis, the Fair Work Commission approved the Deep Gem Enterprise Agreement 2017 - 2021, thereby resolving the applicant's application for approval. The Commission determined that the agreement was fair and balanced, and that it complied with all necessary legislative requirements for registration. The decision confirmed that the agreement would be registered and in effect from the date of the Commission's approval, providing certainty to the parties involved and ensuring that the employees' rights and obligations under the agreement were legally recognised.

John Goss Projects 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