GH Varley Pty Ltd

[2023] FWCA 1423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GH Varley Pty Ltd

(AG2023/1196)

GH VARLEY PTY LTD CARRINGTON (NSW) ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 MAY 2023

Application for approval of the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

In addition to applying for approval of the Agreement, the Applicant has applied for the Agreement to be varied to correct an obvious error in the nominal expiry date stated in clause 3 of the Agreement. On 11 May 2023, the Applicant filed an amended version of the Agreement correcting the error in clause 3. The bargaining representatives were given an opportunity to be heard on the proposed variation to clause 3 of the Agreement. No such submissions were received.

Having regard to all the circumstances, I am satisfied that there is an obvious error in the nominal expiry date stated in clause 3 of the Agreement (March 2025) and that it is appropriate to correct the obvious error in the way sought by the Applicant (March 2026) pursuant to section 218A of the Act.

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

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 May 2023. The nominal expiry date of the Agreement is 31 March 2026. The correction of the obvious error to the nominal expiry date in clause 3 of the Agreement will operate from 25 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GH Varley Pty Ltd applied to the Fair Work Commission for approval of the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement 2021. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute involved the terms and conditions of employment for workers employed under the proposed enterprise agreement, specifically concerning issues such as wages, working hours, and other employment conditions. The Fair Work Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including whether it was made in good faith and whether it provided for fair and reasonable terms and conditions.

The Commission examined the process through which the agreement was negotiated and whether it complied with the legal obligations set out in the Fair Work Act. The Commission also considered whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the enterprise and the bargaining positions of the parties. The Commission noted that the agreement had been negotiated in good faith and that the terms and conditions were fair and reasonable, taking into account the evidence and submissions provided by both parties. The Commission was satisfied that the agreement met the legal requirements for approval and approved the GH Varley Pty Ltd Carrington (NSW) Enterprise Agreement 2021. The Commission made an order approving the enterprise agreement, which will now apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established