Gale Pacific Ltd

[2022] FWCA 1530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gale Pacific Ltd

(AG2022/1255)

GALE Pacific Limited Enterprise Agreement 2022

Textile industry
COMMISSIONER O'NEILL	MELBOURNE, 9 MAY 2022

Application for approval of the GALE Pacific Limited Enterprise Agreement 2022

Gale Pacific Ltd has applied for approval of an enterprise agreement known as the GALE Pacific Limited Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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

Pursuant to s.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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union, 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.

I observe that clause 44.4(a) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 10 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2022. The nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Gale Pacific Limited applied for the approval of the GALE Pacific Limited Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for the workers within the enterprise, as outlined in the proposed agreement. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement provided for the appropriate minimum entitlements, included proper mechanisms for dispute resolution, and was free from any unfair provisions. The Commission had to carefully examine the provisions of the agreement to ensure it complied with the statutory framework designed to protect the rights and interests of employees.

After considering the evidence and arguments presented by both the applicant and the relevant stakeholders, the Commission found that the proposed agreement complied with the statutory requirements. The agreement provided for the mandated minimum entitlements, included suitable dispute resolution processes, and did not contain any unfair provisions. Therefore, the Commission approved the GALE Pacific Limited Enterprise Agreement 2022, recognising it as a valid and binding enterprise agreement under the Fair Work Act.

The Commission's decision was based on the detailed analysis of the agreement's provisions and the evidence provided during the hearing. The approval of the agreement ensures that the workers covered by it will have their rights and entitlements protected under a legally binding enterprise agreement. This decision is significant for both the employer and the employees, as it sets the terms of their employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established