GH Varley Pty Limited

[2013] FWCA 9137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GH Varley Pty Limited
(AG2013/11397)

G H VARLEY PTY LIMITED SYDNEY OPERATIONS ENTERPRISE AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2013

Application for approval of the G H Varley Sydney Operations Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the G H Varley Sydney Operations Enterprise Agreement (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 Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2013. The nominal expiry date of the Agreement is 11 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GH Varley Pty Limited was involved in a dispute concerning the approval of the G H Varley Sydney Operations Enterprise Agreement. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The primary contention centred on whether the agreement appropriately balanced the interests of employees and employers, and whether it adhered to the statutory requirements for fair and reasonable terms.

The court had to examine whether the agreement included all mandatory terms as required by the Act, and if it provided for a fair and efficient process for resolving workplace disputes. It was also necessary to assess if the agreement was free from any illegality or unfair terms that might undermine its enforceability. Furthermore, the court had to consider the fairness of the agreement in terms of its impact on employees' rights and protections, as well as its alignment with broader economic and social policies.

In delivering its decision, the Fair Work Commission determined that the G H Varley Sydney Operations Enterprise Agreement met the statutory requirements for approval. The agreement was found to appropriately balance the interests of the parties and provide for fair and efficient dispute resolution mechanisms. The court confirmed that the agreement contained all mandatory terms and did not include any illegal or unfair provisions. Consequently, the agreement was approved, and the Commission found it to be fair and reasonable, thereby upholding its enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established