DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Ltd
(AG2016/4663)

SEM FIRE AND RESCUE PTY LTD ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 AUGUST 2016

Application for approval of the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2016-2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Firefighters’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 22 August 2016 and, in accordance with s.54, will operate from 29 August 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GH Varley Pty Ltd sought approval of the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2016-2019 in the Fair Work Commission. The applicant, GH Varley, is a company operating within the fire and rescue services sector, and the agreement in question is a proposed enterprise agreement between SEM Fire and Rescue Pty Ltd and its employees. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The court was required to determine if the agreement met the necessary criteria for approval, including whether it facilitated the improvement of workplace relations, if it contained appropriate provisions for the employees' wages, conditions, and other employment matters, and if it complied with the procedural requirements for lodging and considering the agreement. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any party.

The Fair Work Commission found that the agreement did meet the necessary criteria for approval. The agreement was considered fair and reasonable as it provided for appropriate wages, conditions, and other employment matters. The court was satisfied that the agreement facilitated the improvement of workplace relations and that all procedural requirements had been met. Consequently, the court approved the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2016-2019.

As a result of the court's decision, the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2016-2019 was approved, and the agreement became legally binding between the employer and its employees. The Fair Work Commission's approval ensured that the agreement would effectively govern the employment relationship between the parties for the specified period.

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