G. H. Varley Pty Ltd T/A Varley Group Summary

[2024] FWCA 1830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/1431)

GH VARLEY PTY LTD QUEENSLAND ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 MAY 2024

Application for approval of the GH Varley Pty Ltd Queensland Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the GH Varley Pty Ltd Queensland 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.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 May 2024. The nominal expiry date of the Agreement is 31 March 2027.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, G. H. Varley Pty Ltd, trading as Varley Group, applied for the approval of the GH Varley Pty Ltd Queensland Enterprise Agreement. The dispute centred around whether the terms of the agreement were in accordance with the Fair Work Act 2009 and if it met the requirements for a modern award. The application was brought before the Fair Work Commission to determine if the agreement should be certified as a lawful and valid enterprise agreement. The primary legal issue before the commission was whether the proposed agreement adhered to the statutory requirements outlined in the Fair Work Act. Specifically, the commission had to consider if the agreement contained all the necessary minimum terms and conditions, if it was free from prohibited content, and if it was made in good faith. Additionally, the commission needed to ensure that the agreement was not contrary to public policy and that it complied with the procedural requirements for the making of an enterprise agreement.

The commission examined the agreement clause by clause, ensuring that it contained the minimum entitlements as prescribed by the relevant modern awards. It was found that the agreement comprehensively covered all necessary terms and conditions, including wages, hours of work, leave provisions, and other employment-related matters. The commission also determined that the agreement was free from any prohibited content, such as provisions that sought to undermine the rights of employees or that were otherwise contrary to public policy. Furthermore, the commission considered the evidence provided regarding the good faith negotiation process and was satisfied that the agreement had been made in good faith. The commission concluded that the GH Varley Pty Ltd Queensland Enterprise Agreement met all the statutory requirements and was therefore eligible for approval and registration.

In light of the findings, the Fair Work Commission approved the GH Varley Pty Ltd Queensland Enterprise Agreement. The agreement was deemed to be a lawful and valid enterprise agreement, effective from the date of registration. The commission's decision was based on the thorough examination of the agreement's contents, ensuring that it complied with the Fair Work Act and met all necessary criteria for approval. The final orders included the registration of the agreement, which would now serve as the basis for the employment conditions between G. H. Varley Pty Ltd and its employees covered by the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established