DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon and Gotch Australia Pty Ltd
(AG2015/5682)

GORDON AND GOTCH WAREHOUSING AND DISTRIBUTION LAVERTON ENTERPRISE AGREEMENT 2015-2018

Storage services
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

Application for approval of the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement 2015 - 2018 (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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Gordon and Gotch Australia Pty Ltd applied to the Fair Work Commission for approval of the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement 2015 - 2018. The applicant, Gordon and Gotch Australia Pty Ltd, is a company involved in the warehousing and distribution industry. The application concerns the approval of an enterprise agreement governing the terms and conditions of employment for employees of the applicant company. The application was made to the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth).

The central legal issue in the case was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, the Commission had to determine if the agreement met the criteria for approval, including whether it was fairly negotiated, contained minimum terms and conditions, and did not unfairly discriminate against employees. The applicant argued that the agreement was fairly negotiated and contained appropriate terms and conditions. The Commission needed to examine the agreement's contents and the process by which it was negotiated to ensure it met the statutory requirements.

The Fair Work Commission found that the proposed agreement was fairly negotiated and contained terms and conditions that complied with the Fair Work Act 2009 (Cth). The Commission concluded that the agreement met the necessary criteria for approval, including the provision of minimum terms and conditions and the absence of unfair discrimination. The Commission also considered the views of the parties involved and the broader implications of approving the agreement. Based on this analysis, the Commission determined that the agreement should be approved.

Accordingly, the Fair Work Commission approved the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement 2015 - 2018. The approval means that the terms and conditions set out in the agreement will apply to the employees covered by it, and the agreement will be binding on both the employer and the employees for the specified period. This decision confirms the legal framework for enterprise agreements in Australia and provides clarity for similar future applications.

Gordon and Gotch 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