DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon and Gotch Australia Pty Limited
(AG2018/6781)

GORDON AND GOTCH WAREHOUSING AND DISTRIBUTION MOOREBANK ENTERPRISE AGREEMENT 2018 - 2021

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2019

Application for approval of the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon and Gotch Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] I note that the Notice of Employee Representational Rights (NERR) provided to employees was not a compliant NERR pursuant to Schedule 2.1 of the Fair Work Regulations 2009. I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this agreement are not likely to be disadvantaged as a result of the error. I am satisfied that the Agreement has been genuinely agreed to within the meaning of s. 188(2), as the Agreement would have been genuinely agreed to, but for the minor procedural errors made in relation to the requirements in ss. 173 and 174 of the Act.

[3] 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.

[4] 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.

[5] I note that Clauses 20.1(e), 40.4 and 19.5 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 9 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gordon and Gotch Australia Pty Limited sought approval for the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2018 - 2021. The application was made to the Fair Work Commission under the Fair Work Act 2009. The application arose from a dispute between the employer and the union representing the employees over the terms of the proposed enterprise agreement. The union raised objections to certain provisions, leading to the application for the agreement's approval.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act and whether the agreement was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement met the good faith bargaining requirements, whether the provisions were fair and reasonable, and if the agreement provided for proper consultation and disclosure. Additionally, the Commission had to consider whether the agreement adequately protected the employees' interests, particularly in light of the union's objections.

The Commission found that the agreement met the good faith bargaining requirements and was in the best interests of the employees. It noted that the employer had engaged in proper consultation and disclosure processes, and the provisions of the agreement were fair and reasonable. The Commission emphasised that the agreement provided for adequate protections for the employees, including in relation to wages, working conditions, and dispute resolution mechanisms. The objections raised by the union were considered, but the Commission concluded that the overall benefits of the agreement outweighed the concerns.

The Commission approved the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2018 - 2021, effective from the date of the decision. The agreement was deemed to be compliant with the Fair Work Act and in the best interests of the employees.

Gordon and Gotch Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established