Giovenco Industries (Aust) Pty Ltd

[2013] FWCA 551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Giovenco Industries (Aust) Pty Ltd
(AG2012/14417)

GIOVENCO INDUSTRIES (CALTEX LYTTON REFINERY - QLD) UNION ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 25 JANUARY 2013

Application for approval of the Giovenco Industries (Caltex Lytton Refinery - QLD) Union Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Giovenco Industries (Caltex Lytton Refinery - QLD) Union Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Giovenco Industries (Aust) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Giovenco Industries (Aust) Pty Ltd, an employer, sought approval of a union enterprise agreement from the Fair Work Commission (FWC). The agreement was proposed for employees at the Caltex Lytton Refinery in Queensland, covering the period from 2012 to 2015. The FWC was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement was genuinely a bargain between the parties, whether it complied with the FWC's Fair Work Act requirements, and whether it promoted the objectives of the Act, including the protection of employees and employers' rights. The employer argued that the agreement was a genuine enterprise agreement that balanced the interests of both parties, while the union contended that it represented the fair and just terms for the employees.

The FWC determined that the agreement was genuinely a product of bargaining between the parties, as evidenced by the negotiation process and the parties' conduct. The FWC found that the agreement was consistent with the objectives of the Fair Work Act, including promoting high levels of employment, fair and effective workplace relations, and encouraging high productivity and economic performance. The FWC also concluded that the agreement was fair and reasonable, taking into account the bargaining positions of the parties and the broader economic and employment context. The FWC approved the Giovenco Industries (Caltex Lytton Refinery - QLD) Union Enterprise Agreement 2012-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established