DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Eastern Pty Ltd
(AG2021/4257)

GLEN EASTERN PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MARCH 2021

Application for approval of the Glen Eastern Pty Ltd Enterprise Agreement 2020.

[1] Glen Eastern Pty Ltd has made an application for approval of an enterprise agreement known as the Glen Eastern Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] The Agreement was approved on 30 March 2021 and, in accordance with s 54, will operate from 6 April 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glen Eastern Pty Ltd applied for the approval of the Glen Eastern Pty Ltd Enterprise Agreement 2020, which was submitted to the Fair Work Commission for consideration. The applicant, Glen Eastern Pty Ltd, sought to have the enterprise agreement recognised as a registered agreement under the Fair Work Act 2009. The primary issue before the court was whether the agreement met the criteria for approval as set out in the legislation.

The court examined the process by which the agreement was made, ensuring it was not made under duress or coercion. It also assessed whether the agreement contained the minimum terms and conditions required by the Fair Work Act 2009. Additionally, the court evaluated whether the agreement provided for genuine employee representation and if it complied with the procedural fairness requirements.

After careful consideration, the court found that the agreement was made in accordance with the Fair Work Act 2009. The agreement contained all the necessary minimum terms and conditions, and it was evident that it was not made under duress. The court also confirmed that the agreement provided for genuine employee representation and met the requirements of procedural fairness. Consequently, the court approved the Glen Eastern Pty Ltd Enterprise Agreement 2020.

Glen Eastern 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