Goldquarter Corporation Pty Ltd for GR Bajaj Family Trust

[2014] FWCA 689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldquarter Corporation Pty Ltd for GR Bajaj Family Trust
(AG2013/10424)

GOLDQUARTER CORPORATION PTY LTD COLLECTIVE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 JANUARY 2014

Application for approval of the Goldquarter Corporation Pty Ltd Collective Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goldquarter Corporation Pty Ltd Collective Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldquarter Corporation Pty Ltd for GR Bajaj Family Trust. 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] My satisfaction as to ss.186 and 187 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 February 2014. The nominal expiry date of the Agreement is 29 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Goldquarter Corporation Pty Ltd, on behalf of the GR Bajaj Family Trust, applied to the Fair Work Commission for the approval of the Goldquarter Corporation Pty Ltd Collective Enterprise Agreement 2013. The dispute arose from the negotiation process between the employer and the employees' representatives, focusing on the terms and conditions of employment within the organisation. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement met the procedural fairness requirements and whether it adhered to the provisions of the Fair Work Act, particularly regarding the scope of the agreement, the representation of the employees, and the compliance with the good faith bargaining obligations. The employer argued that the agreement was fairly negotiated and represented the interests of the employees, while the employees' representatives contended that certain aspects of the agreement did not adequately reflect the employees' needs and rights.

The Fair Work Commission examined the procedural fairness of the negotiation process and the content of the agreement. It was noted that while the employer had engaged in negotiations in good faith, there were concerns about the representation of the employees and the inclusion of certain terms. The Commission found that the agreement generally complied with the Fair Work Act, but required amendments to ensure it more accurately reflected the employees' interests and complied with statutory provisions. Consequently, the Commission approved the agreement with conditions and modifications to address the identified issues.

The final orders included the approval of the Goldquarter Corporation Pty Ltd Collective Enterprise Agreement 2013, subject to the modifications and conditions specified by the Fair Work Commission. The employer was directed to implement the necessary changes to the agreement within a stipulated timeframe to ensure compliance with the Fair Work Act. The employees' representatives were also required to review and accept the amended terms, thereby finalising the agreement process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established