GGC SCAFFOLDING, RIGGING AND MISCELLANEOUS AGREEMENT 2025

Application for approval of the GGC Scaffolding, Rigging and Miscellaneous Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the GGC Scaffolding, Rigging and Miscellaneous Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greater Geelong Constructions Pty Ltd T/A GGC Industries (GGC). The Agreement is a single enterprise agreement.

[2] Section 205A(1) of the Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates. Clauses 14 and 15 of the Agreement provide for workplace delegates' rights and I am satisfied these constitute a delegates' rights term for the purposes of the Act.

[3] Section 205A(2) of the Act provides that if, when an enterprise agreement is approved, the delegates' rights term is less favourable than the delegates' rights term in one or more modern Awards that cover the workplace delegates, the term in the enterprise agreement has no effect and the most favourable term of those in the modern Awards is taken to be a term of the enterprise agreement.

[4] Employees covered by the Agreement would otherwise be covered by the Building and Construction General On-site Award 2020 (the Award). In Construction, Forestry and Maritime Employees Union v Australian Industry Group[1], a Full Court of the Federal Court found that the delegates' rights term previously appearing at clause 36A of the Award no longer has effect. In these circumstances, I do not consider it can be said that the delegates rights term provided for in the Agreement is less favourable than a term provided for in one or more relevant modern Award. I note in any event, the delegates rights terms provided for in the Agreement are not less favourable than the term previously appearing in the Award.

Interaction with the National Employment Standards

[5] Clause 6.2 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more beneficial outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Parental Leave - clause 67(a) of the Agreement - under the NES a request may be made to extend the period of parental leave;

2. Personal / carers leave - clause 65(e) of the Agreement, which deals with the notice and evidence required in relation to personal / carers leave - must be read subject to the provisions of s 107 of the Act, which deals with these matters.

[6] 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.

[7] The Australian Workers' Union (AWU) 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 AWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

Variation of the Agreement to correct obvious errors

[9] An application was made by GGC that, if the agreement was approved, it be varied pursuant to s 218A of the Act to correct two obvious errors, defects or irregularities (the variation application).

[10] Section 218A of the Act is akin to the slip rule found in s 602 of the Act, which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. The evident purpose of s.218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

[11] It is evident the amendment seeks to address obvious typographical errors. I am satisfied that the amendment should be made, and that it is appropriate to do so by varying the Agreement pursuant to s 218A of the Act. I note it is made with the agreement of the Union bargaining representative.

[12] The two variations are as follows:

1. Clause 55.3 of the Agreement, which relates to overtime rates is amended to read as follows:

"... Overtime worked Monday to Friday will be paid at 1.5 times of the ordinary rate for the first 2 hours and double time thereafter"

1. Clause 58.2 of the Agreement, which relates to shiftwork, is amended to read as follows

" All shift work will be paid at least 50% shift loading of the ordinary time Wage Rate"

Printed by authority of the Commonwealth Government Printer