DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon Brothers Industries Pty Ltd
(AG2020/1470)

GORDON BROTHERS INDUSTRIES PTY LTD SERVICE TECHNICIANS’ ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 19 JUNE 2020

Application for approval of the Gordon Brothers Industries Pty Ltd Service Technicians Enterprise Agreement 2019.

[1] Application has been made by Gordon Brothers Industries Pty Ltd for approval of a single enterprise agreement known as the Gordon Brothers Industries Pty Ltd Service Technicians Enterprise Agreement 2019 (the Agreement).

[2] A written undertaking has been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking 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 26 June 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gordon Brothers Industries Pty Ltd, an entity involved in the provision of services within the logistics sector, sought approval for the Gordon Brothers Industries Pty Ltd Service Technicians Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, the tribunal tasked with overseeing industrial relations matters in Australia. The applicants argued that the agreement was fair and reasonable, as it provided for the terms and conditions of employment of service technicians within the company. The respondents, represented by a union, argued that the agreement did not adequately provide for the rights and entitlements of the employees.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "better off overall test" (BOOT) agreement, which required that employees were no worse off than they would be under the applicable award, and that there was a majority of employee support for the agreement. The Commission also had to consider whether the agreement was procedurally sound, meaning that it had been negotiated in good faith, and that employees had been provided with sufficient information to make an informed decision about whether to support the agreement.

After hearing evidence from both parties, the Commission found that the agreement met the criteria for approval. The Commission found that the agreement provided for terms and conditions of employment that were no less favourable than those provided for in the applicable award, and that there was a majority of employee support for the agreement. The Commission also found that the agreement had been negotiated in good faith, and that employees had been provided with sufficient information to make an informed decision about whether to support the agreement. Accordingly, the Commission approved the agreement.

The Commission's decision was based on a detailed analysis of the evidence presented to it, and the application of relevant legal principles. The Commission found that the agreement was a BOOT agreement, and that it met all of the requirements for approval under the Fair Work Act. The Commission also found that the agreement was procedurally sound, and that it had been negotiated in good faith. As a result, the Commission approved the Gordon Brothers Industries Pty Ltd Service Technicians Enterprise Agreement 2019.

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