G.V.P Fabricators Pty Ltd Summary

[2025] FWCA 312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G.V.P Fabricators Pty Ltd

(AG2024/5201)

AMWU AND THE GVP FABRICATORS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 28 JANUARY 2025

Application for approval of the AMWU and the GVP FABRICATORS PTY LTD Collective Bargaining Workshop Agreement 2024

An application has been made for approval of an enterprise agreement known as the AMWU and the GVP FABRICATORS PTY LTD Collective Bargaining Workshop Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G.V.P Fabricators Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 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 organisation.

The Agreement is approved and in accordance with s.54, will operate from 4 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G.V.P Fabricators Pty Ltd, along with the Australian Manufacturing Workers' Union, sought approval of a collective bargaining workshop agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the statutory requirements for registration and whether it was appropriate for the specific circumstances of the parties involved.

The court was tasked with determining whether the agreement was genuinely a collective agreement, as defined by the Fair Work Act. This involved examining if the agreement was made in good faith, if it was applicable to the employees it purported to cover, and if it contained provisions that were necessary for the protection of employees' interests. Furthermore, the court had to consider whether the agreement complied with the Fair Work Act's provisions regarding minimum entitlements and if it was not detrimental to the employees it covered.

The Fair Work Commission found that the agreement was genuinely a collective agreement. The court considered evidence of the bargaining process, the parties' intentions, and the contents of the agreement. The Commission concluded that the agreement was made in good faith, was applicable to the relevant employees, and contained necessary provisions for the protection of employees' interests. It also found that the agreement did not contravene the minimum entitlements provisions and was not detrimental to the employees. The Commission approved the proposed agreement, paving the way for its registration.

In its decision, the Commission approved the AMWU and G.V.P Fabricators Pty Ltd Collective Bargaining Workshop Agreement 2024, making it legally binding on the parties involved. The agreement now serves as a framework for the terms and conditions of employment for the relevant employees, subject to the provisions of the Fair Work Act.

G.V.P Fabricators Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established