Galpern Group Pty Ltd

[2022] FWCA 1825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Galpern Group Pty Ltd

(AG2022/1698)

TEST

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 7 JUNE 2022

Application for approval of the Galpern Group Pty Ltd Single Enterprise Agreement 2021

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

“173      Notice of employee representational rights
Employer to notify each employee of representational rights
(1)       An employer that will be covered by a proposed enterprise agreement that is not a greenfields agreement must take all reasonable steps to give notice of the right to be represented by a bargaining representative to each employee who:
(a)       will be covered by the agreement; and
(b)       is employed at the notification time for the agreement.

Note:   For the content of the notice, see section 174.
Notification time
(2)       The notification time for a proposed enterprise agreement is the time when:
(a)       the employer agrees to bargain, or initiates bargaining, for the agreement; or
(b)       a majority support determination in relation to the agreement comes into operation; or
(c)       a scope order in relation to the agreement comes into operation; or
(d)       a low paid authorisation in relation to the agreement that specifies the employer comes into operation.

Note:   The employer cannot request employees to approve the agreement under section 181 until 21 days after the last notice is given (see subsection 181(2)).
When notice must be given
(3)       The employer must give the notice as soon as practicable, and not later than 14 days, after the notification time for the agreement.
Notice need not be given in certain circumstances
(4)       An employer is not required to give a notice to an employee under subsection (1) in relation to a proposed enterprise agreement if the employer has already given the employee a notice under that subsection within a reasonable period before the notification time for the agreement.
How notices are given
(5)       The regulations may prescribe how notices under subsection (1) may be given.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Galpern Group Pty Ltd applied to the Fair Work Commission for approval of the Galpern Group Pty Ltd Single Enterprise Agreement 2021. The application was opposed by the Australian Manufacturing Workers' Union, which represented a group of employees. The primary dispute centred around the agreement's provisions, particularly those relating to employee entitlements and conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The court needed to assess whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, including minimum wages and conditions, and whether it had been made in good faith and not under duress. The court also had to determine if the agreement had been negotiated in a manner consistent with the principles of representational fairness and good faith bargaining. Furthermore, the court had to consider if the agreement was in the best interests of the employees it was intended to cover.

The Fair Work Commission found that the Galpern Group Pty Ltd Single Enterprise Agreement 2021 included all the mandatory terms required by the Fair Work Act. The court concluded that the agreement had been made in good faith and that the negotiation process adhered to the principles of representational fairness and good faith bargaining. The commission determined that the agreement was in the best interests of the employees it covered, taking into account their needs and the overall business context. As a result, the Fair Work Commission approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established