GH Varley Pty Limited

[2013] FWCA 2809

FAIR WORK COMMISSION

DECISION

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

GH Varley Pty Limited
(AG2013/6230)

G H VARLEY POWER SERVICES SITE ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 9 MAY 2013

Application for approval of the G H Varley Power Services Site Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the G H Varley Power Services Site Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by GH Varley Pty Limited. 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 May 2013. The nominal expiry date is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, GH Varley Pty Limited applied for the approval of the G H Varley Power Services Site Enterprise Agreement 2013 - 2016. The application was heard by the Fair Work Commission, which is the tribunal responsible for resolving disputes related to workplace agreements in Australia. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009.

The primary legal issues before the Fair Work Commission were whether the agreement was made in good faith, whether it contained all the required terms and conditions, and whether it met the other criteria set out in the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided for a fair and reasonable outcome for employees, and whether it complied with the procedural requirements for approval.

The Fair Work Commission found that the agreement was made in good faith and contained all the required terms and conditions. The Commission noted that the agreement provided for a fair and reasonable outcome for employees, including provisions for wages, leave, and other employment conditions. The Commission also found that the agreement met all the procedural requirements for approval, including the requirement for the employer to provide the agreement to the employees and give them a reasonable opportunity to discuss it. Therefore, the Fair Work Commission approved the agreement.

The Fair Work Commission's decision to approve the G H Varley Power Services Site Enterprise Agreement 2013 - 2016 provides guidance for employers and employees in relation to the approval of workplace agreements. The decision highlights the importance of ensuring that agreements are made in good faith and provide for a fair and reasonable outcome for employees. The decision also reinforces the procedural requirements for approval, which are designed to ensure that employees have an opportunity to participate in the agreement-making process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established