Gordon Brothers Industries Pty Ltd T/A Gordon Brothers Industries Pty Ltd

Case [2023] FWCA 71
[2023] FWCA 71

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gordon Brothers Industries Pty Ltd T/A Gordon Brothers Industries Pty Ltd

(AG2022/5413)

GORDON BROTHERS INDUSTRIES PTY LTD ELECTRICAL TRADES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries

COMMISSIONER JOHNS

MELBOURNE, 10 JANUARY 2023

Application for approval of the Gordon Brothers Industries Pty Ltd Electrical Trades Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Gordon Brothers Industries Pty Ltd Electrical Trades Enterprise Agreement 2022 (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 T/A Gordon Brothers Industries Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518823  PR749509>

Details
AGLC
Gordon Brothers Industries Pty Ltd T/A Gordon Brothers Industries Pty Ltd [2023] FWCA 71
Case
[2023] FWCA 71
Decision Date

CaseChat Overview and Summary

Gordon Brothers Industries Pty Ltd, trading as Gordon Brothers Industries Pty Ltd, brought an application before the Fair Work Commission seeking approval of the Electrical Trades Enterprise Agreement 2022. The applicant argued that the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and that it was fit for purpose. The application was opposed by the Electrical Trades Union of Australia, which argued that the agreement was not made fairly and did not meet the requirements for approval.

The legal issues before the Commission were whether the agreement was made fairly and whether it was fit for purpose. The Commission had to determine whether the agreement complied with the statutory requirements for approval and whether it provided for the terms and conditions of employment of the relevant employees in a fair and reasonable manner.

The Commission found that the agreement was made fairly and was fit for purpose. The Commission noted that the agreement was made after a period of genuine and meaningful consultation between the parties and that it provided for a fair and reasonable balance of interests between the parties. The Commission also found that the agreement complied with the statutory requirements for approval and that it provided for the terms and conditions of employment of the relevant employees in a fair and reasonable manner.

Accordingly, the Commission approved the Electrical Trades Enterprise Agreement 2022. The applicant is authorised to proceed with the implementation of the agreement in accordance with the terms of the approval. The respondent is at liberty to apply to the Commission for a review of the approval or for a variation of the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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