| [2023] FWCA 440 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Golden Circle Limited T/A Golden Circle
(AG2023/17)
Golden Circle Limited – Maintenance and Clerical - Enterprise Agreement 2022
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER SPENCER | BRISBANE, 13 FEBRUARY 2023 |
Application for approval of the Golden Circle Limited – Maintenance and Clerical - Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Golden Circle Limited – Maintenance and Clerical - Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.
Subject to matters that have been addressed by way of an undertaking, 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.
As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.
The Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), 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 these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE519156 PR750447>
- AGLC
- Golden Circle Limited T/A Golden Circle [2023] FWCA 440
- Case
- [2023] FWCA 440
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the enterprise agreement met the necessary conditions for approval under the Fair Work Act 2009. This included verifying that the agreement was free from prohibited content, that the process for its creation was fair, and that it complied with the provisions for minimum terms and conditions. Additionally, the court had to ensure that the agreement was not misleading or deceptive and that it did not adversely affect the employees' terms and conditions of employment.
The Fair Work Commission found that the enterprise agreement was in compliance with the Fair Work Act 2009. The commission noted that the agreement was free from prohibited content and that the process for its creation was fair. The commission also found that the agreement met the requirements for approval, including the provisions for minimum terms and conditions. The commission approved the agreement, finding that it did not contain any misleading or deceptive provisions and did not adversely affect the employees' terms and conditions of employment.
The final order of the Fair Work Commission was that the Maintenance and Clerical - Enterprise Agreement 2022 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was approved from the date it was made and is to remain in force until 30 June 2026, or until it is terminated or replaced by a new agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.