Gordon Brothers Industries Pty Ltd

[2014] FWCA 3954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon Brothers Industries Pty Ltd
(AG2014/1290)

AMWU AND GORDON BROTHERS INDUSTRIES PTY LTD BENDIGO AND BRUNSWICK WORKSHOPS METALS TRADES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 JUNE 2014

Application for approval of the AMWU and Gordon Brothers Industries Pty Ltd Bendigo and Brunswick Workshops Metals Trades Enterprise Agreement 2013.

[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 2013the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Gordon Brothers Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 1.7(a) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 19 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Gordon Brothers Industries Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The AMWU sought approval for the Bendigo and Brunswick Workshops Metals Trades Enterprise Agreement 2013, which had been negotiated between the parties. The agreement was contested by the company, which raised several objections regarding its terms and conditions. The Fair Work Commission was tasked with determining whether the agreement should be certified as a registered instrument under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement complied with the procedural requirements for certification, whether the agreement met the substantive fairness test, and if any of the terms contravened the provisions of the Fair Work Act. The company argued that the agreement did not adequately represent the interests of the employees and that some provisions were unfair. The AMWU, on the other hand, contended that the agreement was the result of good faith bargaining and was fair and reasonable.

The Commission examined the evidence presented by both parties and considered the statutory requirements for enterprise agreements. It found that the agreement was the product of genuine bargaining, as there was evidence of meaningful discussions between the parties. The Commission also determined that the agreement met the procedural requirements and that the terms were not unfair. It concluded that the agreement did not contravene the Fair Work Act and should be certified as a registered instrument. The company's objections were dismissed, and the agreement was approved.

The Fair Work Commission certified the Bendigo and Brunswick Workshops Metals Trades Enterprise Agreement 2013 as a registered instrument, effective from the date of the decision. The company's objections were rejected, and the agreement was approved for implementation. The decision underscores the importance of genuine bargaining and adherence to the statutory requirements in the formation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established