GH Varley Pty Ltd

[2021] FWCA 1419

[2021] FWCA 1419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Ltd
(AG2021/4010)

GH VARLEY PTY LTD SYDNEY ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 MARCH 2021

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

[1] GH Varley Pty Ltd has applied for approval of a single enterprise agreement known as the GH Varley Pty Ltd Sydney Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns that the Agreement may contravene s.55 of the Act.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The employee bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is are taken to be a term of the Agreement.

[4] Noting the Undertaking, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 17 March 2021. Notwithstanding the commencement date of the Agreement at page 1 and in accordance with s.54, the Agreement will operate from 24 March 2021. The nominal expiry date of the Agreement is 31 October 2023.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

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