Golden Circle Limited

[2014] FWCA 7358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Circle Limited
(AG2014/9024)

GOLDEN CIRCLE LIMITED - MAINTENANCE AND CLERICAL - ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 16 OCTOBER 2014

Application for approval of the Golden Circle Limited - Maintenance and Clerical - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Golden Circle Limited - Maintenance and Clerical - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Golden Circle Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 23 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Golden Circle Limited, sought the Fair Work Commission's approval of the Maintenance and Clerical - Enterprise Agreement 2014. The dispute was between Golden Circle Limited and its employees represented by the Shop, Distributive and Allied Employees' Association (SDA). The Fair Work Commission was the tribunal tasked with determining whether the agreement was suitable for approval.

The primary legal issues before the Commission were whether the agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, whether it facilitated the improvement of workplace relations, and if it aligned with the objectives of the Act. The Commission also needed to consider the balance of the agreement in terms of employee and employer interests.

The Commission found that the agreement contained provisions that were fair and reasonable, promoting improved workplace relations. The agreement was deemed to be appropriately balanced in favouring neither party excessively. Notably, the Commission approved the agreement despite some minor concerns raised by the SDA. The Commission concluded that the overall benefits of the agreement outweighed any minor deficiencies. Consequently, the Fair Work Commission approved the Maintenance and Clerical - Enterprise Agreement 2014.

The Fair Work Commission ordered the approval of the Maintenance and Clerical - Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered under the Fair Work Act 2009 and would apply to the relevant employees of Golden Circle Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established