DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst Australia Pty Ltd
(AG2016/960)

GODFREY HIRST ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 31 MAY 2016

Application for approval of the Godfrey Hirst Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Godfrey Hirst Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Textile, Clothing and Footwear Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Godfrey Hirst Australia Pty Ltd, trading as Godfrey Hirst Australia Pty Ltd, sought approval of the Godfrey Hirst Enterprise Agreement 2016 from the Fair Work Commission. The applicant, a company involved in the manufacturing of decorative and gift products, had entered into an enterprise agreement with its employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement had been made in good faith, whether it contained the necessary mandatory terms, and whether the process leading to the agreement's formation was appropriate and fair. Specifically, the Commission needed to determine if the agreement's provisions on pay rates, classification, and conditions were consistent with the legislative standards and if the required consultation process was adequately followed.

The Commission found that the agreement was made in good faith and contained all mandatory terms. The applicant had demonstrated that there was genuine consultation and negotiation between the parties. The pay rates and conditions were deemed fair and reasonable, meeting the statutory criteria. Consequently, the Fair Work Commission approved the Godfrey Hirst Enterprise Agreement 2016. This decision was grounded on the evidence presented, confirming that the agreement was not only legally compliant but also beneficial for the employees and the employer alike.

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst Australia 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