DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Circle Limited T/A Golden Circle
(AG2017/173)

GOLDEN CIRCLE LIMITED - NATIONAL UNION OF WORKERS (NUW) - ENTERPRISE PRODUCTION AND DISTRIBUTION (NORTHGATE) AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 8 MARCH 2017

Application for approval of the Golden Circle Limited - National Union of Workers (NUW) - Enterprise Production and Distribution (Northgate) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Golden Circle Limited - National Union of Workers (NUW) - Enterprise Production and Distribution (Northgate) 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 T/A Golden Circle. 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers, 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 is approved and, in accordance with s.54 of the Act, will operate from 15 March 2017. The nominal expiry date of the Agreement is 14 March 2020.

COMMISSIONER GREGORY

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Golden Circle Limited, trading as Golden Circle, applied for the approval of the Enterprise Production and Distribution (Northgate) Agreement 2016 with the National Union of Workers (NUW). The dispute arose over whether the agreement met the criteria for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the agreement fulfilled the necessary conditions for approval as stipulated by the Fair Work Act. The court had to consider whether the agreement was made in good faith, if it provided for a fair and efficient workplace, and whether it adhered to the procedural requirements. Another key consideration was whether the agreement appropriately balanced the interests of employees and the employer.

The court found that the agreement was made in good faith and met the procedural requirements. It provided for a fair and efficient workplace by addressing key industrial issues such as wages, conditions of employment, and dispute resolution mechanisms. The agreement was also deemed to appropriately balance the interests of both parties. Consequently, the court approved the agreement. This decision was grounded in the comprehensive nature of the agreement and its alignment with the principles of the Fair Work Act.

The Fair Work Commission approved the Enterprise Production and Distribution (Northgate) Agreement 2016 between Golden Circle Limited and the National Union of Workers (NUW). The decision highlighted the importance of balancing the interests of both employers and employees while ensuring compliance with the Fair Work Act. This approval sets a precedent for future agreements, emphasising the need for thorough consideration of all relevant factors before granting approval.

Golden Circle Limited T/A Golden Circle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established