DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gin Gin & Dry Pty Ltd
(AG2015/6311)

GIN GIN & DRY PTY LTD ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the GIN GIN & DRY PTY LTD ENTERPRISE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the GIN GIN & DRY PTY LTD ENTERPRISE AGREEMENT 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gin Gin & Dry Pty Ltd. 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] 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] The Agreement was approved on 22 December 2015 and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 22 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Gin Gin & Dry Pty Ltd, an employer, and its employees, who were members of the Hospitality Industry Employees Union (HEU). The dispute centred around the application for approval of the Gin Gin & Dry Pty Ltd Enterprise Agreement 2015, a proposed collective agreement. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission needed to address were whether the agreement was genuinely negotiated and whether it provided for the terms and conditions of employment in a manner that was fair and reasonable. Additionally, the Commission had to consider whether the agreement included a no-disadvantage test and whether it satisfied the requirements for a single, integrated agreement. The Commission examined the processes through which the agreement was negotiated, including whether proper consultation and bargaining had taken place, and whether there were any procedural irregularities.

In its decision, the Fair Work Commission found that the Gin Gin & Dry Pty Ltd Enterprise Agreement 2015 was genuinely negotiated and met the requirements for approval. The Commission noted that the agreement provided clear terms and conditions of employment and was fair and reasonable. The Commission also determined that the agreement included a no-disadvantage test and was a single, integrated agreement. The Commission concluded that the employer and the union had engaged in genuine bargaining, and the agreement was consistent with the principles of the Fair Work Act.

The Fair Work Commission approved the Gin Gin & Dry Pty Ltd Enterprise Agreement 2015, finding that it met the necessary criteria under the Fair Work Act. The agreement was registered on the date of the decision, and the terms and conditions contained within it became legally binding on the parties. The approval of the agreement facilitated a stable and agreed-upon framework for employment within the organisation, ensuring that the rights and obligations of both the employer and employees were clearly defined and enforceable.

Gin Gin & Dry 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