DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon Brothers Industries Pty Ltd
(AG2015/6559)

GORDON BROTHERS INDUSTRIES PTY LTD SERVICE TECHNICIANS’ COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Gordon Brothers Industries Pty Ltd Service Technicians’ Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gordon Brothers Industries Pty Ltd Service Technicians’ Collective Agreement 2015 (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] 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 Agreement was approved on 26 November 2015 and, in accordance with s.54, will operate from 3 December 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gordon Brothers Industries Pty Ltd applied to the Fair Work Commission for approval of the Gordon Brothers Industries Pty Ltd Service Technicians’ Collective Agreement 2015. The applicant, a company operating in the finance and asset management sectors, sought to have the agreement, which covered its service technicians, recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act and the Fair Work Regulations 2009.

The Commission considered whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it met the specific criteria outlined in the legislation. The applicant argued that the agreement was validly made and reflected the terms agreed upon by the parties. The Commission examined the process by which the agreement was formed, the extent of employee participation, and the content of the agreement itself to determine its validity. It found that the agreement was genuinely negotiated, made in good faith, and satisfied all legal requirements.

Consequently, the Commission approved the Gordon Brothers Industries Pty Ltd Service Technicians’ Collective Agreement 2015. The approval was based on the evidence presented that the agreement was a genuine enterprise agreement, was made in accordance with the statutory provisions, and met all necessary conditions. The Commission's decision provided clarity and certainty regarding the application of the agreement in the employment context, ensuring that it would be legally binding and enforceable.

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