G.H. Varley Pty Ltd

[2024] FWCA 2536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G.H. Varley Pty Ltd

(AG2024/2357)

G H VARLEY POWER SERVICES PTY LIMITED SITE ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 9 JULY 2024

Application for approval of the G.H. Varley Pty Limited Power Services Site Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the G H Varley Power Services Pty Limited Site Enterprise Agreement 2024 - 2027 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by G.H. Varley Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved G.H. Varley Pty Ltd, which sought approval for its proposed enterprise agreement for the period 2024-2027. The application was heard in the Fair Work Commission, where the company argued that the agreement met all necessary legal standards and should be approved. The Fair Work Commission's role was to assess whether the agreement was fair and appropriate, taking into account the interests of both the employer and the employees.

The legal issues before the court centered around whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fair and reasonable in terms of its coverage, provisions, and the process through which it was negotiated. The company argued that the agreement was the result of genuine and good-faith bargaining and was fair and reasonable for the employees. The court had to assess these claims, considering both the content of the agreement and the process through which it was negotiated.

In its decision, the Fair Work Commission found that the agreement was fair and reasonable. The court noted that the agreement had been negotiated in good faith and that it covered all relevant employees, addressing their interests appropriately. The provisions of the agreement were deemed to be fair and reasonable, providing adequate protections and benefits for the employees. The court also found that the process through which the agreement was negotiated was fair and appropriate, meeting the standards set out in the Fair Work Act. As a result, the court approved the agreement, finding it to be in the best interests of both the employer and the employees.

The final orders of the Fair Work Commission were that the G.H. Varley Pty Limited Power Services Site Enterprise Agreement 2024-2027 be approved and registered. The court's approval meant that the agreement would come into effect on the specified date, providing a framework for the employment relationship between the company and its employees for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established