[2016] FWCA 4379

The attached document replaces the document previously issued with the above code on 1 July 2016.

By inserting a new clause [3] to reflect the redaction of wage rates in the published agreement and renumbering the following paragraphs to [4], [5], [6] and [7].

On behalf of Commissioner Roe

Dated 8 July 2016

[2016] FWCA 4379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Ltd T/A Varley Power Services
(AG2016/3597)

G H VARLEY POWER SERVICES SITE ENTERPRISE AGREEMENT 2016 - 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for the approval of the G H Varley Power Services Site Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the G H Varley Power Services Site Enterprise Agreement 2016 - 2018 (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 Power Services. 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 applicant provided the Commission with a copy of the agreement containing wage rates as voted on by employees. Upon request by the applicant the wage rates contained within the published agreement have been redacted.

[4] 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.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GH Varley Pty Ltd, trading as Varley Power Services, applied for the approval of the G H Varley Power Services Site Enterprise Agreement 2016 - 2018, before the Fair Work Commission. The dispute centred on whether the agreement adequately met the requirements set out in the Fair Work Act 2009. This involved scrutiny of whether the agreement was made in good faith, contained terms that were clear, and had been negotiated fairly. The application was opposed by the Electrical Trades Union of Australia, which argued that the agreement did not sufficiently protect employee entitlements and conditions.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if the employees had been provided with adequate information, and whether the agreement contained provisions that were reasonably necessary to manage the business. Additionally, the Commission had to consider if the agreement was fair and whether it provided for the rights and obligations of both parties. The Commission also had to determine whether the agreement included minimum terms and conditions as required by the Fair Work Act.

The Fair Work Commission found that the application met the criteria for approval. It concluded that the agreement was genuinely negotiated in good faith and contained clear and comprehensible terms. The Commission considered the evidence provided and determined that the agreement included provisions that were reasonably necessary to manage the business. It also found that the agreement provided for the rights and obligations of both parties and included the minimum terms and conditions required by law. Consequently, the application was approved.

The Fair Work Commission approved the application for the G H Varley Power Services Site Enterprise Agreement 2016 - 2018, finding that it met all the requirements set out in the Fair Work Act. This decision provided clarity for the parties involved, ensuring that the agreement was both legally compliant and fair.

GH Varley Pty Ltd T/A Varley Power Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established