GH Varley Pty Ltd

[2018] FWCA 1570

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

GH Varley Pty Ltd

(AG2017/5373)

G H Varley Pty Limited Sydney Operations Enterprise Agreement

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 16 MARCH 2018

Application for approval of the G H Varley Pty Limited Sydney Operations Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the G H Varley Pty Limited Sydney Operations 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.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of GH Varley Pty Ltd, the Fair Work Commission (FWC) was asked to consider an application for the approval of the GH Varley Pty Ltd Sydney Operations Enterprise Agreement. The applicant, GH Varley Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act, particularly concerning the coverage of employees, the procedural fairness of the agreement's negotiation, and whether it met the standards of the modern awards.

The key legal issues the FWC had to decide were whether the agreement was appropriately negotiated, if it covered all employees correctly, and whether it complied with the provisions of the Fair Work Act and the relevant modern awards. The FWC had to examine the process through which the agreement was negotiated and whether it satisfied the procedural fairness requirements. Additionally, the FWC considered whether the agreement provided adequate coverage for all relevant employees and whether it met the minimum standards set by the modern awards.

In deliberating on these issues, the FWC examined evidence regarding the negotiation process, the coverage of the agreement, and its compliance with the Fair Work Act. The FWC found that the agreement was appropriately negotiated in accordance with the procedural fairness requirements. It also found that the agreement provided adequate coverage for the employees in question and met the minimum standards set by the relevant modern awards. Consequently, the FWC approved the application for the agreement's approval.

The FWC determined that the agreement complied with the necessary legal requirements and was therefore approved. The decision confirmed that the agreement was valid and enforceable under the Fair Work Act, ensuring that the terms and conditions set forth within the agreement were legally sound and applicable to the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established