DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Ltd T/A Varley Group
(AG2019/1301)

G H VARLEY POWER SERVICES SITE ENTERPRISE AGREEMENT 2019 - 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 MAY 2019

Application for approval of the G H Varley Power Services Site Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the G H Varley Power Services Site Enterprise Agreement 2019 - 2020 (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] 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GH Varley Pty Ltd, trading as Varley Group, applied for approval of the G H Varley Power Services Site Enterprise Agreement 2019 - 2020. The dispute arose between the employer, Varley Group, and the employees represented by the United Voice union. The application was heard in the Fair Work Commission. The legal issues before the Commission involved whether the proposed agreement met the statutory requirements for approval, including fairness, efficiency, flexibility, and simplicity.

The Commission examined the fairness of the agreement, considering factors such as the parties' bargaining power, the nature of the enterprise, and the employees' interests. It also assessed the efficiency, flexibility, and simplicity of the agreement. The Commission found that the agreement met the necessary criteria for approval. The provisions were fair, and the process was conducted in good faith. Furthermore, the agreement provided for efficient, flexible, and simple workplace arrangements, ensuring it was suitable for the enterprise's needs.

The Commission concluded that the agreement met all the statutory requirements for approval and was in the best interests of the employees. It approved the application and authorised the agreement. The decision highlighted the importance of ensuring that enterprise agreements align with the legal framework while adequately representing the interests of the employees.

The final orders included the approval of the G H Varley Power Services Site Enterprise Agreement 2019 - 2020, effective from the date of the decision. The agreement was to be registered with the Commission and would govern the employment terms and conditions of the employees 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