Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst

[2024] FWCA 2605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst

(AG2024/2131)

GODFREY HIRST LOGISTICS ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 12 JULY 2024

Application for approval of the Godfrey Hirst Logistics Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Godfrey Hirst Logistics Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 34.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union 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.

The Agreement is approved and in accordance with s.54, will operate from 19 July 2024. The nominal expiry date of the Agreement is 31 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Godfrey Hirst Australia Pty Ltd, trading as Godfrey Hirst, sought approval of the Godfrey Hirst Logistics Enterprise Agreement 2024 from the Fair Work Commission. The application arose from a dispute between the employer and the Retail and Fast Food Workers Union, which represented the employees. The core issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal question was whether the agreement met the requirements of section 230 of the Act, which mandates that enterprise agreements be certified as "fair and appropriate". The Commission examined various aspects of the agreement, including the provisions relating to wages, hours of work, and other conditions of employment. The Commission also considered whether the agreement provided adequate protections for employees and whether it was consistent with the "better off overall test" as outlined in the Act.

In delivering its decision, the Commission found that the proposed agreement was fair and appropriate. It concluded that the agreement provided a fair and reasonable balance between the interests of the employer and employees. The Commission was satisfied that the agreement met the requirements of the "better off overall test", as it provided for improvements in the employees' conditions of employment without imposing undue hardship on the employer. Consequently, the Commission approved the Godfrey Hirst Logistics Enterprise Agreement 2024.

The Fair Work Commission ordered the approval of the Godfrey Hirst Logistics Enterprise Agreement 2024. The decision was made under the authority of the Fair Work Act 2009, and the agreement was certified as fair and appropriate, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established