DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon McKay Pty Ltd
(AG2016/4823)

GORDON MCKAY PTY LTD AND ETU ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Gordon McKay Pty Ltd and ETU Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gordon McKay Pty Ltd and ETU Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon McKay Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4]
The Agreement was approved on 12 September 2016 and, in accordance with s.54, will operate from 19 September 2016. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Gordon McKay Pty Ltd, sought approval of the Gordon McKay Pty Ltd and ETU Enterprise Agreement 2016 - 2020. The applicant is a company engaged in the distribution of fresh fruit and vegetables. The applicant and the union representing its employees, the ETU, entered into an enterprise agreement which the applicant now seeks to have approved. The union, ETU, did not oppose the application but sought clarification on certain issues.

The central legal issue before the court was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "registered agreement" under the Act, which requires it to be "certified as free of prohibited content." The court had to consider whether the agreement contained any content that was prohibited by the Act.

The court found that the agreement did not contain any content that was prohibited under the Fair Work Act 2009. It was satisfied that the agreement was a "registered agreement" and therefore met the requirements of the Act. The court noted that while the union had not opposed the application, it had sought clarification on certain issues, which the court addressed in its decision. The court concluded that the agreement was fair and reasonable and approved it as a registered agreement.

The court's approval of the enterprise agreement means that it will now be binding on the parties. The agreement sets out the terms and conditions of employment for the employees of Gordon McKay Pty Ltd for the period 2016 to 2020. The approval of the agreement ensures that the parties are bound by its terms and that it can be enforced in the courts if necessary.

Gordon McKay Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established