DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Circle Limited
(AG2016/6529)

GOLDEN CIRCLE LIMITED - MAINTENANCE AND CLERICAL - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Golden Circle Limited - Maintenance and Clerical - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Golden Circle Limited - Maintenance and Clerical - Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden Circle Limited. 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. 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[3] The Agreement was approved on 8 December 2016 and, in accordance with s.54, will operate from 15 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Golden Circle Limited, an employer, and a trade union, the Transport Workers Union (TWU). The dispute was regarding the application for approval of the Maintenance and Clerical Enterprise Agreement 2016. The matter was heard by the Fair Work Commission (FWC). The TWU contested the agreement's approval, raising concerns about its adequacy and fairness to the employees. The employer argued that the agreement was fair and appropriate, considering the economic context and the needs of the business.

The central legal issues before the commission were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was in the best interests of the employees, was fair and reasonable, and did not discriminate against any particular group of employees. The commission also needed to consider whether the agreement provided for the fair resolution of any disputes that might arise between the employer and employees.

The FWC found that the agreement was fair and reasonable, considering the economic context and the needs of the business. The commission noted that the agreement provided for a fair and efficient workplace, with appropriate mechanisms for resolving disputes. The FWC also found that the agreement did not discriminate against any particular group of employees and was in the best interests of the employees. The commission was satisfied that the agreement met all the criteria for approval under the Fair Work Act 2009.

The FWC approved the Maintenance and Clerical Enterprise Agreement 2016, subject to the parties implementing the agreement in good faith. The employer and the union were directed to take all necessary steps to ensure that the agreement was implemented and that any disputes arising from its implementation were resolved in accordance with the agreement's dispute resolution procedures.

Golden Circle Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established