DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GALE Pacific Limited
(AG2019/1706)

GALE PACIFIC AND NATIONAL UNION OF WORKERS AND AUSTRALIAN MANUFACTURING WORKERS UNION COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 9 JULY 2019

Application for approval of the GALE Pacific and National Union of Workers and Australian Manufacturing Workers Union Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GALE Pacific and National Union of Workers and Australian Manufacturing Workers Union Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GALE Pacific Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] The National Union of Workers, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved. Despite clause 3 of the Agreement, the Agreement will operate from 16 July 2019, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, GALE Pacific Limited, sought approval of the GALE Pacific and National Union of Workers and Australian Manufacturing Workers Union Collective Agreement 2019. The application was brought pursuant to section 233 of the Fair Work Act 2009. The Fair Work Commission heard the application and was required to determine whether the agreement was a suitable subject for approval. The applicants argued that the agreement was made in good faith and was fair and appropriate.

The Commission examined the agreement to determine if it met the criteria for approval under the Fair Work Act 2009. It was necessary to assess if the agreement was made in good faith, provided for a fair and appropriate mechanism for the resolution of workplace disputes, and complied with the relevant provisions of the Act. The Commission considered the bargaining positions of the parties, the content of the agreement, and whether it met the statutory requirements.

The Commission found that the agreement was made in good faith and was fair and appropriate. It met the statutory requirements and provided for a suitable mechanism for the resolution of workplace disputes. The Commission approved the agreement, noting that it was in the best interests of the employees and the employer. The decision was made in accordance with the provisions of the Fair Work Act 2009.

The Commission approved the GALE Pacific and National Union of Workers and Australian Manufacturing Workers Union Collective Agreement 2019. The approval was granted under section 233 of the Fair Work Act 2009. The decision was made on the basis that the agreement met the statutory requirements and was in the best interests of the employees and the employer.

GALE Pacific Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established