DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon & Gotch Australia Pty Ltd
(AG2015/5799)

GORDON AND GOTCH WAREHOUSING AND DISTRIBUTION MOOREBANK ENTERPRISE AGREEMENT 2015 – 2018

Storage services
COMMISSIONER ROE	MELBOURNE, 27 OCTOBER 2015

Application for approval of the Gordon & Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gordon & Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon & Gotch Australia 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 National Union of Workers 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 27 October 2015 and, in accordance with s.54, will operate from 3 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Gordon & Gotch Australia Pty Ltd and the Fair Work Commission. The company sought approval of the Gordon & Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2015-2018. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant industrial relations laws.

The primary legal issues before the Fair Work Commission included whether the agreement met the requirements for an enterprise agreement under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it contained only matters that could be covered by an enterprise agreement, and whether it was in the best interests of the employees covered by the agreement. The Commission also had to consider whether the agreement provided fair and reasonable terms for the employees, and if it adhered to the provisions set out in the Fair Work Act.

The Fair Work Commission examined the evidence presented by both parties, including submissions and supporting documentation. It considered the process by which the agreement was negotiated, whether the agreement's terms were fair and reasonable, and whether the agreement would lead to better outcomes for the employees. The Commission concluded that the agreement was made in good faith and contained only matters that could be covered by an enterprise agreement. Furthermore, it found that the agreement provided fair and reasonable terms for the employees and was in their best interests.

Accordingly, the Fair Work Commission approved the Gordon & Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2015-2018. The decision was made on the basis that the agreement met the necessary requirements under the Fair Work Act, and that it was fair and reasonable for the employees involved.

Gordon & Gotch Australia 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