DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gold Corporation
(AG2018/7420)

REFINERY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the Refinery Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Refinery Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gold Corporation. The Agreement is a single enterprise agreement. The Agreement covers two employers, Gold Corporation and AGR Management Services Pty Ltd, that are related bodies corporate and therefore, pursuant to s.172(5)of the Act, are single-interest employers.

[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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[5] The Agreement was approved on 14 February 2019 and, in accordance with s.54, will operate from 21 February 2019. The nominal expiry date of the Agreement is 21 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gold Corporation, an employer, applied to the Fair Work Commission for approval of a new enterprise agreement. The applicants, the Australian Manufacturing Workers' Union and the Finance Sector Union of Australia, opposed the application, arguing that the proposed agreement did not adequately protect employees' conditions. The Fair Work Commission heard the matter and needed to determine whether the proposed agreement met the statutory requirements for approval.

The legal issues centred on whether the agreement complied with the Fair Work Act 2009, specifically sections relating to procedural fairness and the protection of employees' conditions. The Commission examined whether the agreement was made in good faith, whether it was appropriately negotiated, and whether it provided fair and reasonable terms for employees. Additionally, the Commission considered whether the agreement met the "better off overall test" to ensure that employees were not worse off under the new agreement.

In its decision, the Fair Work Commission found that the proposed agreement was made in good faith and through proper negotiation processes. The Commission also determined that the agreement provided fair and reasonable terms for employees and met the better off overall test. The Commission noted that the agreement included provisions that protected employees' conditions and provided for reasonable working hours and pay rates. Consequently, the Commission approved the Refinery Enterprise Agreement 2018.

The Fair Work Commission's final order was that the Refinery Enterprise Agreement 2018 be approved, effective from the date of the decision. The agreement would now govern the employment terms and conditions of the employees covered by the agreement.

Gold Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established