DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spud and Stibbo Pty Ltd T/A GVP Fabricators Pty Ltd
(AG2018/1681)

GVP FABRICATORS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 JULY 2018

Application for approval of the GVP FABRICATORS PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the GVP FABRICATORS PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spud and Stibbo Pty Ltd T/A GVP Fabricators 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 July 2018 and, in accordance with s.54, will operate from 25 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Spud, an employee, sought approval for the GVP Fabricators Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The applicant contended that the agreement contained provisions which were not in compliance with certain aspects of the Fair Work Act 2009. The application was brought by the Australian Manufacturing Workers' Union (AMWU), which was seeking to have the agreement approved by the Commission. The dispute centred on the interpretation and application of the Fair Work Act and its regulations to the agreement, particularly concerning the classification of employees, the application of award rates of pay, and other related terms and conditions.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act and its regulations, specifically whether the classification of employees, the application of award rates of pay, and other terms and conditions within the agreement were consistent with the legislative framework. The Commission needed to examine if the agreement provided fair and reasonable terms and conditions of employment that complied with the statutory requirements.

The Fair Work Commission, after considering the arguments presented by both parties and reviewing the agreement in light of the Fair Work Act and its regulations, found that certain provisions of the agreement were not in compliance with the legislative requirements. The Commission identified issues with the classification of employees and the application of award rates of pay. However, the Commission determined that these issues could be rectified through minor amendments to the agreement. Consequently, the Commission approved the agreement, subject to the specified amendments to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the GVP Fabricators Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, with the condition that specific amendments be made to address the non-compliant provisions. The Commission mandated that these amendments be implemented within a specified timeframe to ensure full compliance with the Fair Work Act. The decision provides clarity on the application of the Fair Work Act to on-site construction agreements and sets a precedent for similar agreements in the industry.

Spud and Stibbo Pty Ltd T/A GVP Fabricators 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