DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gasco Pty Ltd ATF Gasco Unit Trust T/A Gasco Pty Ltd
(AG2019/4666)

GASCO PTY LTD & AMWU ENTERPRISE WORKSHOP AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 DECEMBER 2019

Application for approval of the Gasco Pty Ltd & AMWU Enterprise Workshop Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gasco Pty Ltd & AMWU Enterprise Workshop 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 Gasco Pty Ltd ATF Gasco Unit Trust T/A Gasco Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 12 December 2019 and, in accordance with s.54, will operate from 19 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gasco Pty Ltd, trading as Gasco, sought approval from the Fair Work Commission for the Gasco Pty Ltd and AMWU Enterprise Workshop Agreement 2019. The Australian Manufacturing Workers' Union (AMWU) was involved in the negotiation of this agreement, which aimed to establish the terms and conditions of employment for Gasco's employees. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it promoted workplace harmony, and whether it contained terms that were fair and reasonable. The Commission also needed to consider whether the agreement provided for a flexible and efficient workplace, and whether it contained provisions that were in the best interests of the employees and the employer.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith between the parties, and that it contained provisions that promoted workplace harmony and flexibility. The Commission found that the agreement provided for a fair and reasonable framework for employment, and that it contained terms that were in the best interests of both the employees and the employer. The Commission was satisfied that the agreement met the necessary criteria for approval under the Act, and accordingly, it approved the Gasco Pty Ltd and AMWU Enterprise Workshop Agreement 2019.

The Fair Work Commission approved the Gasco Pty Ltd and AMWU Enterprise Workshop Agreement 2019, effective from the date of the decision. The agreement now serves as the basis for the employment terms and conditions of Gasco's employees, subject to any further amendments or variations that may be agreed upon by the parties in the future.

Gasco Pty Ltd ATF Gasco Unit Trust T/A Gasco Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established