The Trustee For Abikhalil Trust T/A Gforce Technologies Pty Ltd

[2013] FWCA 10074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustee For Abikhalil Trust T/A Gforce Technologies Pty Ltd
(AG2013/11639)

GFORCE TECHNOLOGIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Gforce Technologies Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Gforce Technologies Pty Ltd Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The trustee for Abikhalil family trust trading as Gforce Technologies Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Trustee for the Abikhalil Trust, trading as Gforce Technologies Pty Ltd, to have the Gforce Technologies Pty Ltd Single Enterprise Agreement 2013 approved. The nature of the dispute centred around the terms of the proposed enterprise agreement and its compliance with the relevant provisions of the Fair Work Act 2009. The case was heard by the Fair Work Commission, which is the primary body responsible for the resolution of workplace disputes in Australia.

The key legal issues that the Commission was required to decide were whether the agreement contained all the necessary provisions as required by section 230 of the Act, and whether it was fair and reasonable in all its terms. The applicant argued that the agreement was comprehensive and had been negotiated in good faith between the employer and the employees' representatives. The opposition to the approval came from some employees who argued that certain terms of the agreement were unfair or unreasonable.

In delivering its decision, the Commission considered the evidence presented by both parties and examined the terms of the agreement against the statutory requirements and principles of fairness. The Commission found that the agreement was comprehensive and contained all the necessary provisions as required by the Act. Furthermore, the Commission determined that the agreement was fair and reasonable in all its terms, taking into account the overall context of the bargaining process and the interests of both the employer and the employees.

Consequently, the Fair Work Commission approved the Gforce Technologies Pty Ltd Single Enterprise Agreement 2013. The Commission's decision was based on the evidence that the agreement had been negotiated in good faith and met all the statutory requirements. The approval of the agreement now allows it to be registered with the Fair Work Ombudsman, and it will govern the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established