DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Limited
(AG2015/2237)

GH VARLEY QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 APRIL 2015

Application for approval of the GH Varley Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the GH Varley Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by GH Varley Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 27 April 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GH Varley Pty Limited applied to the Fair Work Commission for the approval of the GH Varley Queensland Enterprise Agreement 2015-2018. The applicant argued that the agreement was made in good faith and was suitable for registration under the Fair Work Act 2009. The applicant contended that the agreement was fair and equitable for all parties involved. The application was opposed by the Queensland Building and Construction General On-Call Multipliers Union of Workers, which raised concerns about the terms of the agreement, particularly regarding shift allowances and overtime rates.

The central legal issue before the commission was whether the terms of the enterprise agreement were fair and equitable, and whether they were made in good faith. The commission had to assess the agreement against the criteria set out in the Fair Work Act, including whether the agreement provided for a fair and reasonable method of determining wages and other conditions of employment. The commission also had to consider whether the agreement was made in good faith and whether it was suitable for registration.

In assessing the agreement, the commission found that the terms were fair and equitable, and that the agreement was made in good faith. The commission noted that the agreement provided for a reasonable method of determining wages and other conditions of employment, and that it was suitable for registration. The commission found that the concerns raised by the union were not sufficient to prevent the approval of the agreement. The commission determined that the agreement was in the best interests of the employees and the employer, and that it provided for a fair and reasonable method of determining wages and other conditions of employment.

The commission approved the GH Varley Queensland Enterprise Agreement 2015-2018. The commission found that the agreement was fair and equitable, and that it was made in good faith. The commission determined that the agreement was suitable for registration, and that it was in the best interests of the employees and the employer. The commission found that the concerns raised by the union were not sufficient to prevent the approval of the agreement. The commission ordered that the agreement be registered under the Fair Work Act.

GH Varley Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established