Golden Circle Limited

[2014] FWCA 2317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Circle Limited
(AG2014/5135)

GOLDEN CIRCLE LIMITED ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 APRIL 2014

Application for approval of the Golden Circle Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Golden Circle Limited Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Golden Circle Limited. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Golden Circle Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2014. The nominal expiry date of the Agreement is 10 January 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Golden Circle Limited, an employer, brought an application for the approval of an enterprise agreement, the Golden Circle Limited Enterprise Agreement 2014. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009, as a single interest employer agreement. The Fair Work Commission was the body that heard and decided the matter. The dispute arose as the applicant and the employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, could not agree on the terms of the proposed agreement. The Commission needed to determine whether the agreement met the requirements of the Fair Work Act and was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly section 230, which sets out the criteria for a single interest employer agreement. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it met the procedural requirements, and if it was in the best interests of the employees. The Commission also needed to consider if the agreement contained any terms that were contrary to public policy or otherwise unenforceable.

The Commission found that the agreement met the criteria for approval under section 230 of the Fair Work Act. The agreement contained fair and reasonable terms and conditions for the employees, and it was consistent with the objectives of the Act. The Commission also found that the agreement met the procedural requirements, as it had been negotiated in good faith and provided for proper consultation between the parties. Additionally, the Commission determined that the agreement was in the best interests of the employees, as it provided for fair remuneration, reasonable working hours, and other benefits. The Commission approved the Golden Circle Limited Enterprise Agreement 2014, and the applicant's application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established