DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gibsons Limited T/A Skretting
(AG2016/2500)

SKRETTING (CAMBRIDGE OPERATIONS) ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	SYDNEY, 13 APRIL 2016

Application for approval of the Skretting (Cambridge Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Skretting (Cambridge Operations) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gibsons Limited T/A Skretting. The Agreement is a single enterprise agreement.

[2] 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.

[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] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2016. The nominal expiry date of the Agreement is 12 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Gibsons Limited, trading as Skretting, applied to the Fair Work Commission for approval of the Skretting (Cambridge Operations) Enterprise Agreement 2016. The application was contested by two unions, the Maritime Union of Australia and the Shop, Distributive and Allied Employees Association, who raised concerns about several aspects of the agreement, particularly those concerning the dismissal of employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The court examined whether the agreement complied with the requirements of the Act, including provisions related to procedural fairness in the dismissal process. Key issues included whether the agreement adequately protected employees' rights to procedural fairness and if it aligned with the statutory minimum entitlements set out in the Fair Work Act. The unions argued that certain clauses in the agreement unfairly restricted employees' rights, while Gibsons Limited contended that the agreement was fair and reasonable, providing necessary flexibility for the business.

The Fair Work Commission found that while the agreement contained provisions that aligned with the statutory minimum entitlements, there were significant flaws regarding procedural fairness in the dismissal process. The court held that the agreement did not sufficiently protect employees' rights to procedural fairness, particularly in cases of dismissal. Consequently, the application for approval was rejected. The Commission directed the parties to negotiate a revised agreement that addressed the identified shortcomings.

No specific orders were made in the decision provided, as the primary outcome was the rejection of the application for approval. However, the Fair Work Commission indicated that further negotiations were required to address the issues identified in the agreement, particularly concerning procedural fairness in dismissal processes. The court's decision underscored the importance of ensuring that enterprise agreements provide adequate protection for employees' rights, especially in critical areas such as procedural fairness.

Gibsons Limited T/A Skretting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established