GH Varley Pty Limited Summary

[2014] FWCA 8478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Limited
(AG2014/9544)

GH VARLEY TOMAGO ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 NOVEMBER 2014

Application for approval of the G H Varley Tomago Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the
G H Varley Tomago Enterprise Agreement 2014 - 2017 (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 not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 15 October 2014.

[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] The Agreement is approved and, in accordance with s54 of the Act, will operate from 4 December 2014. The nominal expiry date of the Agreement is 1 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of GH Varley Pty Limited, the Fair Work Commission was presented with an application for approval of the G H Varley Tomago Enterprise Agreement 2014 - 2017. The applicant, GH Varley Pty Limited, sought the approval of this enterprise agreement, which was negotiated between the company and its employees represented by the Transport Workers Union. The application was lodged following the conclusion of negotiations and the subsequent approval of the agreement by the relevant employee representatives.

The legal issues before the Commission centred on whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the requirements for good faith bargaining, whether it contained permissible terms and conditions, and whether it adhered to the procedural fairness principles established by the Act. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both the employer and employees.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was the product of genuine and good faith negotiations. It was determined that the agreement contained terms and conditions that were fair and reasonable, and that it complied with the statutory requirements for enterprise agreements. The Commission also found that the agreement was procedurally fair and appropriately balanced the interests of both the employer and employees. Consequently, the application for approval was successful.

As a result of the Commission's findings, the G H Varley Tomago Enterprise Agreement 2014 - 2017 was approved. The agreement is now legally binding on both the employer and the employees, providing a framework for the terms and conditions of employment for the duration of the agreement.

GH Varley Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established