DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Limited
(AG2015/2764)

G H VARLEY PTY LTD CARRINGTON AGREEMENT 2015-2017

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 MAY 2015

Application for approval of the G H Varley Pty Ltd Carrington Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the G H Varley Pty Ltd Carrington Agreement 2015-2017 (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. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 26 May 2015 and, in accordance with s.54, will operate from 2 June 2015. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

GH Varley Pty Limited is a company that sought approval for the G H Varley Pty Ltd Carrington Agreement 2015-2017. The matter was heard by the Fair Work Commission, specifically by the Deputy President, who was tasked with determining whether the agreement was in the public interest and met the necessary legal criteria. The dispute arose from concerns about the fairness and compliance of the proposed agreement with relevant employment laws.

The legal issues before the Deputy President included whether the agreement complied with the requirements of the Fair Work Act 2009, specifically concerning the provisions of section 234, which mandates that an enterprise agreement must be in the public interest. Additionally, the court had to assess whether the agreement provided for appropriate terms and conditions for employees, including matters such as wages, hours of work, and other employment conditions. The Deputy President also needed to consider whether the agreement was genuinely negotiated and whether it complied with the procedural requirements outlined in the Fair Work Act.

In delivering the decision, the Deputy President considered various submissions from both parties and examined the provisions of the proposed agreement. The Deputy President found that the agreement met the necessary criteria under the Fair Work Act, including compliance with section 234, as it was considered to be in the public interest. The Deputy President concluded that the agreement provided for fair and reasonable terms and conditions for employees and was genuinely negotiated. The Deputy President also confirmed that the agreement complied with the procedural requirements and was thus approved.

The Deputy President approved the G H Varley Pty Ltd Carrington Agreement 2015-2017, affirming that it met the necessary criteria and was in the public interest. The Deputy President's decision ensured that the agreement would be implemented and provide for fair and reasonable terms and conditions for employees within the company.

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