Galintel Pty Ltd T/A Galintel Pty Ltd Summary

[2023] FWCA 3139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Galintel Pty Ltd T/A Galintel Pty Ltd

(AG2023/3270)

GALINTEL COFFS HARBOUR ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 29 SEPTEMBER 2023

Application for approval of the Galintel Coffs Harbour Enterprise Agreement 2023

Galintel Pty Ltd has made an application for the approval of an enterprise agreement known as the Galintel Coffs Harbour Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 June 2023 and the Agreement was made on 1 September 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 29 September 2023 and, in accordance with s 54, will operate from 6 October 2023. The nominal expiry date of the Agreement is 29 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Galintel Pty Ltd for the approval of the Galintel Coffs Harbour Enterprise Agreement 2023. The applicant sought to have the agreement, which was intended to govern the employment terms and conditions of its employees in the Coffs Harbour region, recognised as a valid and enforceable enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval, including compliance with the procedural and substantive provisions of the Fair Work Act.

The legal issues that the Commission had to address included whether the bargaining process leading to the agreement was conducted in good faith, whether the agreement contained the mandatory terms prescribed by the Fair Work Act, and whether the agreement had been certified by the relevant independent certifier as meeting the requirements for approval. Additionally, the Commission needed to consider whether any provisions within the agreement contravened the provisions of the Fair Work Act or were otherwise unfair.

In reaching its decision, the Commission considered the evidence presented by both parties, including the bargaining records and the submissions made. The Commission noted that the applicant had provided evidence that the bargaining process was conducted in good faith, and that the agreement contained all the mandatory terms required by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement had been certified by an independent certifier. The Commission also found that none of the provisions in the agreement were unfair or in breach of the Fair Work Act.

Consequently, the Commission approved the Galintel Coffs Harbour Enterprise Agreement 2023, recognising it as a valid and enforceable enterprise agreement. This decision ensures that the terms and conditions set out in the agreement are legally binding on the parties involved, providing a framework for the employment relationship in the Coffs Harbour region.

Galintel Pty Ltd T/A Galintel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established