DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst Carpets
(AG2020/152)

GODFREY HIRST ENTERPRISE AGREEMENT 2019

Textile industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 FEBRUARY 2020

Application for approval of the Godfrey Hirst Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Godfrey Hirst Enterprise Agreement 2019 (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 Carpets. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 21.2 and 25.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[6] The Agreement was approved on 3 February 2020 and, in accordance with s.54, will operate from 10 February 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Godfrey Hirst Australia Pty Ltd, trading as Godfrey Hirst Carpets, applied to the Fair Work Commission for approval of the Godfrey Hirst Enterprise Agreement 2019. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval, including the process by which it was made, and whether it was in the best interests of the employees covered by the agreement.

The primary legal issue before the Commission was whether the agreement had been fairly and appropriately made, in accordance with the requirements of the Fair Work Act 2009. This included consideration of whether the agreement had been negotiated in good faith, and whether the process followed to reach the agreement was fair and reasonable. The Commission also needed to assess whether the agreement provided appropriate protections for employees, and whether it was in their best interests.

The Fair Work Commission found that the Godfrey Hirst Enterprise Agreement 2019 had been made in accordance with the relevant provisions of the Fair Work Act. The Commission determined that the agreement had been negotiated in good faith and that the process followed was fair and reasonable. The Commission also found that the agreement provided appropriate protections for employees and was in their best interests. The Commission approved the agreement, subject to certain conditions.

The Fair Work Commission ordered that the Godfrey Hirst Enterprise Agreement 2019 be approved, subject to the conditions set out in the decision. The conditions included requirements for the employer to provide certain information to employees, and to ensure that the agreement was implemented in a fair and reasonable manner. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that a copy be provided to the Registrar.

Godfrey Hirst Australia Pty Ltd T/A Godfrey Hirst Carpets

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established