DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The GFC Group Trust T/A GFC Industries Pty Ltd
(AG2017/5625)

GFC INDUSTRIES PTY LTD COLLECTIVE BARGAINING STRUCTURAL STEEL WORKSHOP AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2018

Application for approval of the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The GFC Group Trust T/A GFC Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The GFC Group Trust T/A GFC Industries Pty Ltd applied to the Fair Work Commission for approval of the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2017. The applicant sought to have the agreement approved as a greenfield agreement. The dispute was heard by Deputy President D’Mello, who was required to determine whether the application satisfied the statutory criteria for approval of a greenfield agreement. The criteria for approval of a greenfield agreement are set out in section 232 of the Fair Work Act 2009. The applicant needed to demonstrate that the agreement contained the matters prescribed by section 233 of the Act, that the agreement had been negotiated in good faith, that the agreement was not likely to have the effect of disadvantaging employees, and that the application was in the interests of the Australian community.

The applicant argued that the agreement satisfied the statutory criteria for approval of a greenfield agreement. The applicant submitted that the agreement contained all the prescribed matters, that the agreement had been negotiated in good faith, that the agreement was not likely to have the effect of disadvantaging employees, and that the application was in the interests of the Australian community. The applicant also submitted that the agreement would promote industrial peace and harmony, and that the agreement would provide for the efficient operation of the business. The applicant argued that the agreement would provide for the efficient operation of the business by providing for the establishment of a structured and organised workplace, and by providing for the efficient allocation of work. The applicant also submitted that the agreement would promote industrial peace and harmony by providing for the establishment of a structured and organised workplace, and by providing for the efficient allocation of work.

Deputy President D’Mello was satisfied that the applicant had satisfied the statutory criteria for approval of a greenfield agreement. The Deputy President found that the agreement contained all the prescribed matters, that the agreement had been negotiated in good faith, that the agreement was not likely to have the effect of disadvantaging employees, and that the application was in the interests of the Australian community. The Deputy President also found that the agreement would promote industrial peace and harmony, and that the agreement would provide for the efficient operation of the business. The Deputy President found that the agreement would provide for the efficient operation of the business by providing for the establishment of a structured and organised workplace, and by providing for the efficient allocation of work. The Deputy President also found that the agreement would promote industrial peace and harmony by providing for the establishment of a structured and organised workplace, and by providing for the efficient allocation of work. The Deputy President approved the agreement as a greenfield agreement.

The GFC Group Trust T/A GFC Industries Pty Ltd

DECISION

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