GNB Industrial Power

[2014] FWCA 6086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GNB Industrial Power
(AG2014/7056)

GNB INDUSTRIAL POWER NSW WAREHOUSE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 SEPTEMBER 2014

Application for approval of the GNB Industrial Power NSW Warehouse Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GNB Industrial Power NSW Warehouse Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by GNB Industrial Power. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GNB Industrial Power Pty Ltd sought approval of the GNB Industrial Power NSW Warehouse Enterprise Agreement 2014. The applicant submitted that the agreement was appropriate for approval under section 234 of the Fair Work Act 2009. The respondents, including the GNB Union and various employees, raised objections to the agreement on the grounds that it was not in the best interests of the employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was in their best interests. The respondents argued that certain provisions, particularly those related to wages and working conditions, did not adequately protect the employees' interests. The Commission had to consider the provisions of the Act and the principles of fairness and reasonableness in its assessment.

The Commission found that the agreement contained provisions that were fair and reasonable in terms of pay, conditions, and dispute resolution mechanisms. It determined that the agreement did not unfairly disadvantage the employees and that it provided for their best interests. The Commission was satisfied that the agreement met the necessary criteria for approval under section 234 of the Act. Consequently, the application for approval was upheld.

The Commission approved the GNB Industrial Power NSW Warehouse Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission, and the parties were directed to give notice of the approval to each other. The decision was binding on all employees covered by the agreement, including those who had not directly participated in the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established