DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Ltd T/A Varley Group
(AG2018/5008)

GH VARLEY QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the GH Varley Queensland Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the GH Varley Queensland Enterprise Agreement 2018 - 2021 (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 T/A Varley Group. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] I note that Clauses 12.6, 14.2, 14.4, 34, 35 and 37.1 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GH Varley Pty Ltd, trading as the Varley Group, filed an application for the approval of the GH Varley Queensland Enterprise Agreement 2018-2021 before the Fair Work Commission. The dispute centred around the fairness and appropriateness of the terms and conditions outlined in the proposed agreement. The application was heard and determined by the Commission, which was tasked with ensuring the agreement met the necessary legislative criteria for approval.

The primary legal issues the Commission had to address were whether the agreement was genuinely an enterprise agreement, if it provided for the terms and conditions of employment of the employees covered by the agreement, and if it complied with the procedural requirements under the Fair Work Act 2009. Additionally, the Commission needed to consider if the agreement was procedurally fair and if it was in the best interests of the employees involved.

The Commission thoroughly examined the submissions and evidence provided by both parties. It considered the negotiation process, the content of the agreement, and the feedback from the employees. The Commission found that the agreement was genuinely an enterprise agreement, that it provided for the terms and conditions of employment, and that it complied with the procedural requirements. The Commission also concluded that the agreement was procedurally fair and in the best interests of the employees. Consequently, the Commission approved the GH Varley Queensland Enterprise Agreement 2018-2021.

The final orders of the Commission included the approval of the agreement, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Commission and that it be served on all relevant parties. The agreement was to govern the employment conditions of the employees covered by the agreement for the specified period.

GH Varley Pty Ltd T/A Varley Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established