DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon Brothers Industries Pty Ltd
(AG2017/1256)

AMWU AND GORDON BROTHERS INDUSTRIES PTY LTD BENDIGO AND BRUNSWICK WORKSHOPS METALS TRADES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2017

Application for approval of the AMWU and Gordon Brothers Industries Pty Ltd Bendigo and Brunswick Workshops Metals Trades Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Gordon Brothers Industries Pty Ltd Bendigo and Brunswick Workshops Metals Trades Enterprise 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 Applicant 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 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. 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

In the case of Gordon Brothers Industries Pty Ltd, the Australian Manufacturing Workers’ Union (AMWU) and Gordon Brothers Industries Pty Ltd sought the approval of the Bendigo and Brunswick Workshops Metals Trades Enterprise Agreement 2016. The application was heard by the Fair Work Commission (FWC), with the decision made by Commissioner D. R. A. Wilson. The primary dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the protection of employees' rights and interests.

The legal issues before the Commission involved the assessment of the agreement's compliance with the good faith bargaining provisions, its fairness in terms of the employees' protection and benefits, and whether the agreement had been fairly and genuinely negotiated between the parties. The AMWU argued that the agreement was fair and genuinely negotiated, while Gordon Brothers Industries Pty Ltd raised concerns about certain provisions, including those related to the redundancy of employees.

The FWC, after considering the evidence and submissions from both parties, found that the agreement was fair and genuinely negotiated. Commissioner Wilson emphasised the importance of the agreement's compliance with the statutory requirements and highlighted that the agreement provided for the protection of employees' rights and benefits. The Commission also noted that the provisions regarding the redundancy of employees were reasonable and appropriate under the circumstances. Consequently, the Commission approved the proposed enterprise agreement, finding it met the necessary standards under the Fair Work Act.

In conclusion, the Fair Work Commission approved the Bendigo and Brunswick Workshops Metals Trades Enterprise Agreement 2016 between the AMWU and Gordon Brothers Industries Pty Ltd. The decision underscored the importance of ensuring that enterprise agreements are fairly negotiated and provide adequate protection for employees' rights and benefits. The approval of the agreement will now govern the employment conditions for the employees covered by 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