The Australian Workers' Union v GJK Facility Services

[2014] FWC 4988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.229—Bargaining order

The Australian Workers’ Union
v
GJK Facility Services
(B2014/969)

COMMISSIONER GREGORY

MELBOURNE, 24 JULY 2014

Application for a bargaining order.

[1] The Australian Workers’ Union (AWU) has made application for a bargaining order under s.229 of the Fair Work Act 2009 (Cth). The order is sought to be made against GJK Facility Services (GJK). GJK subsequently advised in a letter to the AWU dated 23 July 2014 from its HR Manager that it consented to the Commission making the order sought in the application. It also indicated in the letter that it undertook to comply with the good faith bargaining requirements contained in s.228 of the Act.

[2] I am satisfied the AWU is a bargaining representative for the proposed agreement sought to be made. I am also satisfied that the existing agreement that covers the parties, being the GJK Facility Services Pty Ltd and the Australian Workers’ Union Esso Longford and Long Island Sites Enterprise Agreement 2011 – 2014, has a nominal expiry date of 30 June 2014.

[3] I am also satisfied that at the time of making the application the AWU had concerns GJK was not meeting the good faith bargaining requirements and, in particular, it had been difficult to organise meetings and obtain timely responses to the claims provided to GJK by the AWU in May 2014.

[4] I am accordingly satisfied, in all the circumstances, it is appropriate to make orders that GJK:

attend and participate in meetings with the AWU at reasonable times;

disclose relevant information to the AWU in a timely matter;

respond to proposals made by the AWU as a bargaining representative in a timely manner;

give genuine consideration to the proposals of the AWU as a bargaining representative and give reasons for responses to those proposals;

bargain with the AWU as a bargaining representative.

[5] An order to this effect will be issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought a bargaining order against GJK Facility Services, which was engaged in the cleaning industry, under section 242 of the Fair Work Act 2009. The union claimed that GJK Facility Services had failed to meet its obligations to negotiate in good faith and reach an enterprise agreement. The Fair Work Commission heard the application and examined the evidence provided by both parties. The central legal issue before the Commission was whether GJK Facility Services had indeed contravened its obligations to engage in good faith bargaining and if the union had established a valid case for the issuance of a bargaining order.

The Fair Work Commission found that GJK Facility Services had not demonstrated a willingness to negotiate in good faith and had, in fact, engaged in conduct that hindered the bargaining process. The evidence presented by the union showed that the company had been unresponsive to the union's proposals, refused to engage in meaningful discussions, and had made unreasonable demands. The Commission concluded that the union had met its burden of proof and that the issuance of a bargaining order was necessary to compel GJK Facility Services to negotiate in good faith. The Commission issued the requested bargaining order, directing GJK Facility Services to engage in good faith bargaining with the union to reach an enterprise agreement. The order outlined specific timelines and requirements for the negotiations, aiming to facilitate a fair and productive bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established