Gordon Brothers Industries Pty Ltd Summary

[2022] FWCA 4340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gordon Brothers Industries Pty Ltd

(AG2022/4958)

Gordon Brothers Industries Pty Ltd Metals Trades Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 12 DECEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the Gordon Brothers Industries Pty Ltd Metals Trades Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Gordon Brothers Industries Pty Ltd. The Agreement is a single enterprise agreement.

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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gordon Brothers Industries Pty Ltd applied for the approval of its 2022 Metals Trades Enterprise Agreement, which governs the employment conditions of its employees. The application was heard by the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was appropriate to approve the agreement. The Commission considered the fairness and efficacy of the agreement, including the parties' bargaining power and the extent to which the agreement provided for a fair and efficient workplace.

The Commission found that the agreement was fair and appropriate for approval. The parties had engaged in genuine bargaining and had reached a consensus on the terms of the agreement. The Commission noted that the agreement provided for a fair and efficient workplace, including provisions for the resolution of disputes and the protection of employees' rights. The Commission also considered the impact of the agreement on the employees and found that it provided for a reasonable balance of interests between the parties. The Commission concluded that the agreement met the requirements of the Fair Work Act and was appropriate for approval.

The Fair Work Commission approved the Gordon Brothers Industries Pty Ltd Metals Trades Enterprise Agreement 2022. The Commission found that the agreement was fair and appropriate for approval, having been reached through genuine bargaining and providing for a fair and efficient workplace. The Commission noted the parties' bargaining power and the extent to which the agreement provided for the resolution of disputes and the protection of employees' rights. The Commission also considered the impact of the agreement on the employees and found that it provided for a reasonable balance of interests between the parties. The Commission approved the agreement, which will now govern the employment conditions of the employees of Gordon Brothers Industries Pty Ltd.

Gordon Brothers Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established