DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldwind Australia Pty Ltd T/A Goldwind Australia
(AG2018/2579)

GOLDWIND AUSTRALIA PTY LTD AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the Goldwind Australia Pty Ltd Australia Service and Maintenance Employees Enterprise Agreement 2017.

[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 2017 (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 T/A Goldwind Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Goldwind Australia Pty Ltd, trading as Goldwind Australia, and its employees represented by the Australian Manufacturing Workers’ Union. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The central issue was whether the Goldwind Australia Pty Ltd Australia Service and Maintenance Employees Enterprise Agreement 2017 should be approved. This agreement was made under the Fair Work Act 2009 and was intended to cover employees who are service and maintenance workers at Goldwind Australia.

The legal issues the Commission needed to address were primarily whether the agreement met the criteria for registration under section 233 of the Fair Work Act, including whether it facilitated the improvement of workplace terms and conditions, and if it was made in good faith and without the influence of improper conduct. The Commission also had to consider if the agreement provided a safety net of minimum terms and conditions, and if it was appropriate in its coverage and content.

The Commission found that the agreement was appropriately made in good faith and without any improper conduct. It was deemed to facilitate improvements in the workplace by providing a clear structure for employment conditions and dispute resolution mechanisms. The Commission also concluded that the agreement provided a safety net of minimum terms and conditions, ensuring that employees were protected against unfair dismissal and other workplace injustices. Consequently, the Fair Work Commission approved the Goldwind Australia Pty Ltd Australia Service and Maintenance Employees Enterprise Agreement 2017, finding that it met all necessary statutory requirements. This approval was based on the evidence presented and the legal standards set out in the Fair Work Act.

Goldwind Australia Pty Ltd T/A Goldwind Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established