DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldwind Australia Pty Ltd
(AG2016/2845)

GOLDWIND AUSTRALIA PTY LTD AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2016

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 26 MAY 2016

Application for approval of the Goldwind Australia Pty Ltd Australia Service and Maintenance Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Goldwind Australia Pty Ltd Australia Service and Maintenance Employees Enterprise 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 Goldwind Australia Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2016. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Goldwind Australia Pty Ltd applied to the Fair Work Commission for approval of the Goldwind Australia Pty Ltd Australia Service and Maintenance Employees Enterprise Agreement 2016. The respondents included various unions and employer associations. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it was appropriate for approval given its provisions and the nature of the bargaining process.

The legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act, including provisions related to the good faith bargaining process, and whether the agreement contained any terms that were contrary to public policy or otherwise unenforceable. The Commission also needed to consider the extent to which the agreement addressed the specific needs of the employees and the employer, and whether it provided a fair and reasonable outcome for both parties.

After examining the submissions and evidence presented, the Commission determined that the agreement generally complied with the statutory requirements. The Commission found that the bargaining process, while not perfect, was conducted in good faith and the terms of the agreement were fair and reasonable. The Commission noted several areas of concern but concluded that these did not undermine the overall fairness of the agreement. Consequently, the Commission approved the agreement, subject to certain modifications to address the identified issues.

The Fair Work Commission approved the Goldwind Australia Pty Ltd Australia Service and Maintenance Employees Enterprise Agreement 2016 with modifications. The approved agreement came into effect on the date of the Commission's decision, ensuring that it provided a fair and reasonable outcome for both employees and the employer while complying with the requirements of the Fair Work Act.

Goldwind Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established