GH Varley Pty Ltd

[2021] FWCA 6754

[2021] FWCA 6754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Ltd
(AG2021/8173)

GH VARLEY PTY LTD TOMAGO ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 18 NOVEMBER 2021

Application for approval of the GH Varley Pty Ltd Tomago Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the GH Varley Pty Ltd Tomago Enterprise Agreement (Agreement). The application was made by GH Varley Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The name given as the name of the Agreement on page 1, row 1 of the Agreement is “GH Varley Pty Ltd Tomago Enterprise Agreement 2018-2021” (emphasis added). The reference to “2018-2021” is an apparent error.

[3] The Applicant applied for a correction seeking that the Commission exercise its powers pursuant to s.586 of the Act to amend page 1, row 1 of the Agreement so that the reference to “2018-2021” is removed and it reads “GH Varley Pty Ltd Tomago Enterprise Agreement”. I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. I make the amendment. I also make a corresponding amendment to the Form F16 so that the name of the Agreement is reflected as “GH Varley Pty Ltd Tomago Enterprise Agreement”.

[4] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met. Further information was provided in relation to those concerns.

[5] The Applicant provided the Commission with a copy of the Notice of Employee Representational Rights provided to employees (First NERR). The First NERR incorrectly stated the proposed coverage of the Agreement. The Applicant provided further information to the Commission, indicating this error was identified by a supervisor and that a copy or the NERR stating the correct coverage (Second NERR) was provided to employees in hard copy and via the employee (HRIS) portal. A copy of the Second NERR was provided to the Commission. On the basis of the materials before the Commission, I am satisfied that this error did not stand in the way of the Agreement being genuinely agreed and that the employees covered by the Agreement are not likely to have been disadvantaged by the error.

[6] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[7] 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 s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2021. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

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