DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon Brothers Industries Pty Ltd
(AG2019/374)

GORDON BROTHERS INDUSTRIES PTY LTD SERVICE TECHNICIANS’ COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 AUGUST 2019

Application for approval of the Gordon Brothers Industries Pty Ltd Service Technicians’ Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gordon Brothers Industries Pty Ltd Service Technicians’ Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon Brothers Industries Pty Ltd. 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 are relevant to this application for approval and 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 August 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gordon Brothers Industries Pty Ltd recently applied to the Fair Work Commission for approval of the Gordon Brothers Industries Pty Ltd Service Technicians’ Collective Agreement 2016. The applicant, an American-based company involved in asset recovery and disposition services, was the employer of the relevant employees, who were service technicians. The respondents to the application were the Australian Manufacturing Workers’ Union, representing the employees, and the Australian Services Union, which had been involved in the negotiation of the Agreement. The dispute centred on whether the Agreement was appropriate for approval under the Fair Work Act 2009.

The Commission was required to consider whether the Agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the Agreement met the requirements for registration, including whether it provided for fair and reasonable terms and conditions, and if it was made in good faith. The Commission also considered whether the Agreement was consistent with the National Employment Standards and the applicable minimum terms and conditions under the relevant Award.

After reviewing the evidence and submissions, the Commission concluded that the Agreement was appropriately drafted and met the criteria for approval. The Agreement was found to provide for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission was satisfied that the Agreement was made in good faith and was consistent with the National Employment Standards and the applicable minimum terms and conditions. Consequently, the Commission approved the Agreement for registration.

The Fair Work Commission approved the Gordon Brothers Industries Pty Ltd Service Technicians’ Collective Agreement 2016, thereby allowing it to be registered with the Registrar of the Fair Work Commission. The registration of the Agreement means it will have the force of a registered Agreement under the Fair Work Act, and the terms and conditions contained within it will apply to the relevant employees.

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