DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Ltd
(AG2021/5092)

GH VARLEY PTY LTD QUEENSLAND ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 20 MAY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the GH Varley Pty Ltd Queensland Enterprise Agreement (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 Ltd. The Agreement is a single enterprise agreement.

[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 consultation term contained in clause 2 of the Agreement does not comply with the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[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 is approved and, in accordance with s.54 of the Act, will operate from 27 May 2021. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, GH Varley Pty Ltd, sought the approval of a proposed enterprise agreement for its employees. The respondents, including the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application. The Fair Work Commission (FWC) was the court in this matter. The legal issues the court had to resolve involved whether the proposed agreement complied with the Fair Work Act 2009 and the relevant industrial instruments.

The FWC considered various aspects of the agreement, including whether it provided for minimum entitlements, whether it was made in good faith, and whether it adhered to the relevant industrial instruments. The applicants argued that the agreement was fair and reasonable, providing better terms and conditions for the employees. The respondents, however, argued that the agreement failed to provide adequate minimum entitlements and did not adhere to the relevant industrial instruments.

After carefully examining the agreement, the FWC found that the proposed agreement complied with the Fair Work Act 2009 and the relevant industrial instruments. The FWC held that the agreement was made in good faith and provided for minimum entitlements. The FWC also found that the agreement was fair and reasonable, considering the overall context of the negotiations. The FWC approved the GH Varley Pty Ltd Queensland Enterprise Agreement, and it came into effect on the date of the decision.

GH Varley Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established