GH Varley Pty Limited

[2013] FWCA 593

FAIR WORK COMMISSION

DECISION

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

GH Varley Pty Limited
(AG2012/13953)

VARLEY SHIP SERVICES COLLECTIVE AGREEMENT 2012

Maritime industry
VICE PRESIDENT WATSON	MELBOURNE, 24 JANUARY 2013

Application for approval of the Varley Ship Services Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Varley Ship Services Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GH Varley Pty Limited.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia 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(1)(a), will operate from 1 February 2013. The nominal expiry date of the Agreement is 27 March 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GH Varley Pty Limited, an employer in the maritime industry, applied for the approval of the Varley Ship Services Collective Agreement 2012, which it had entered into with a union representing its employees. The Fair Work Commission, Australia's workplace relations tribunal, was tasked with assessing whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of section 235 of the Act. This included whether the agreement was in writing, whether it had been negotiated in good faith, and whether it dealt with the terms and conditions of employment of the employees covered by the agreement. Another issue was whether the agreement was fair and reasonable, taking into account the potential impact on employees' wages, conditions, and overall wellbeing.

The Commission found that the agreement was in writing and had been negotiated in good faith. It also determined that the agreement dealt with the terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission considered whether the agreement was fair and reasonable by examining the potential impact on employees' wages, conditions, and overall wellbeing. It concluded that the agreement provided a fair and reasonable outcome for both the employer and the employees. The Commission approved the agreement, finding it met the statutory criteria for approval.

The Fair Work Commission approved the Varley Ship Services Collective Agreement 2012, determining that it complied with the statutory criteria under the Fair Work Act 2009. The Commission found that the agreement was in writing, had been negotiated in good faith, and dealt with the terms and conditions of employment. The Commission also concluded that the agreement was fair and reasonable, taking into account the potential impact on employees' wages, conditions, and overall wellbeing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established