GFC Industries Pty Ltd

[2014] FWCA 8456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GFC Industries Pty Ltd
(AG2014/9914)

GFC INDUSTRIES PTY LTD COLLECTIVE BARGAINING STRUCTURAL STEEL WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 NOVEMBER 2014

Application for approval of the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by GFC Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 3 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GFC Industries Pty Ltd is the subject of an application for the approval of the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2014. The application was made to the Fair Work Commission by the Australian Manufacturing Workers' Union, which seeks to have the agreement registered under the Fair Work Act 2009. The application is opposed by GFC Industries Pty Ltd. The central dispute revolves around the validity and registration of the collective agreement that governs the employment terms of workers in the structural steel workshop sector.

The primary legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly in terms of the process by which it was made and whether it provided for minimum terms and conditions of employment as stipulated by the Act. Key to this was whether the agreement had been made in accordance with the Act's requirements for genuine bargaining, and if the parties had genuinely attempted to negotiate in good faith. Additionally, the court had to determine whether the agreement provided for the minimum terms and conditions of employment as prescribed by the National Employment Standards.

The court found that the application met the necessary criteria for approval. It held that the agreement had been made through genuine attempts at bargaining between the parties, as evidenced by the documentation and testimonies presented. The court noted that the process of developing the agreement involved multiple rounds of negotiation, with both parties making concessions to reach a consensus. Furthermore, the court was satisfied that the agreement covered the minimum terms and conditions of employment as required by the Act, including provisions for standard working hours, leave entitlements, and minimum wages. Based on these findings, the court approved the application for the registration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established