DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon Brothers Industries Pty Ltd
(AG2020/2436)

GORDON BROTHERS INDUSTRIES PTY LTD METAL TRADES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 SEPTEMBER 2020

Application for approval of the Gordon Brothers Industries Pty Ltd Metal Trades Enterprise Agreement 2019

[1] Gordon Brothers Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Gordon Brothers Industries Pty Ltd Metal Trades Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Australian Manufacturing Workers’ Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 September 2020 and, in accordance with s 54, will operate from 16 September 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Gordon Brothers Industries Pty Ltd, an employer, and its employees, who were members of the Metal Trades Union. The dispute centred on the application for the approval of the Metal Trades Enterprise Agreement 2019. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The employees, represented by the union, argued that the proposed agreement did not sufficiently protect their rights and interests, while the employer contended that the agreement was fair and reasonable, providing necessary flexibility to operate effectively.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions that met the requirements under the Fair Work Act, whether the agreement contained provisions that were contrary to public policy or industrial law, and whether the agreement provided for genuine bargaining between the parties. The Commission also had to consider whether the agreement was consistent with the principles of contemporary enterprise bargaining, including the protection of vulnerable employees.

The Commission found that the agreement met the requirements of the Fair Work Act, providing for minimum rates of pay and conditions that were no less favourable than the applicable award or safety net. The Commission held that the agreement was not contrary to public policy or industrial law, and that there was evidence of genuine bargaining between the parties. The Commission noted that the agreement provided for protections for vulnerable employees, such as provisions for redundancy and termination. The Commission was satisfied that the agreement was consistent with the principles of contemporary enterprise bargaining and approved the agreement.

The Commission approved the Metal Trades Enterprise Agreement 2019, effective from the date of the decision. The employer was required to give written notice of the approval to the employees and the union, and to ensure that the agreement was implemented in accordance with its terms. The employees and the union were required to take reasonable steps to ensure that the agreement was brought to the attention of the employees and that they understood its terms. The employer and employees were required to comply with the agreement and to resolve any disputes in accordance with the dispute resolution procedures set out in the agreement.

Gordon Brothers Industries 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