Gordon & Gotch Summary

[2014] FWCA 5725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gordon & Gotch
(AG2014/8529)

GORDON AND GOTCH WAREHOUSING AND DISTRIBUTION LAVERTON ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 20 AUGUST 2014

Application for approval of the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon and Gotch (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 11 August 2014. On 14 August 2014 I received a signed undertaking in response to the queries from Chris Thomas, National Distribution Services Manager, at the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[7] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2014. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

Gordon & Gotch, a company involved in warehousing and distribution, filed an application for the approval of the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal criteria for approval. The applicants were represented by legal counsel who argued that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees involved. Opposing the application, another party argued that certain provisions of the agreement were not fair and did not meet the statutory requirements.

The Commission examined various aspects of the agreement, including the negotiation process, the content of the agreement, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered whether the agreement provided for appropriate terms and conditions, and whether it was fair and reasonable in all its parts. The Commission also assessed whether the agreement met the requirements for a modern award or an enterprise agreement under the Act.

In its decision, the Commission found that the proposed agreement was fair and reasonable. It noted that the negotiation process was conducted in good faith and that the terms and conditions of the agreement were appropriate. The Commission was satisfied that the agreement complied with the statutory requirements and that it met the necessary standards for approval. The Commission approved the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement 2014.

The Commission's decision was based on its assessment of the agreement's content, the negotiation process, and its compliance with the Fair Work Act 2009. The Commission found that the agreement provided fair and reasonable terms and conditions for the employees involved and that it met the necessary requirements for approval. The Commission's decision ensures that the employees of Gordon & Gotch are covered by a fair and reasonable enterprise agreement.

Gordon & Gotch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established