G.H. Varley Pty Ltd T/A Varley Engineering

[2022] FWCA 1239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G.H. Varley Pty Ltd T/A Varley Engineering

(AG2022/807)

GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 APRIL 2022

Application for the approval of GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 April 2022. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were G.H. Varley Pty Ltd, trading as Varley Engineering, and the Fair Work Commission (FWC). The nature of the dispute was regarding the approval of the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement, which was intended to govern the terms and conditions of employment for certain employees of Varley Engineering. The case was heard in the Federal Court of Australia.

The primary legal issue the court had to address was whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement had been made in good faith, whether it covered the appropriate employees, and whether it complied with the provisions of the Fair Work Act regarding minimum entitlements and other statutory requirements. Additionally, the court had to assess whether the agreement was fair and reasonable, taking into account the overall balance of the agreement and its potential impact on the parties involved.

In reaching its decision, the court considered the submissions and evidence provided by both parties, as well as the relevant provisions of the Fair Work Act. The court found that the Enterprise Agreement was made in good faith and that it covered the appropriate employees. The court also determined that the agreement complied with the statutory requirements of the Fair Work Act, including the provision of minimum entitlements. Furthermore, the court found that the agreement was fair and reasonable, taking into account the overall balance of the agreement and its potential impact on the parties involved. Based on these findings, the court approved the Enterprise Agreement.

The court's decision was that the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement should be approved and registered under the Fair Work Act. The court found that the agreement met all the necessary requirements and was fair and reasonable for the parties involved. The agreement was therefore approved and registered, providing a framework for the terms and conditions of employment for the relevant employees of Varley Engineering.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established