DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon McKay Pty Ltd
(AG2016/3766)

GORDON MCKAY PTY LTD AND ETU (GEELONG REFINERY) ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 AUGUST 2016

Application for approval of the Gordon McKay Pty Ltd and ETU (Geelong Refinery) Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gordon McKay Pty Ltd and ETU (Geelong Refinery) Enterprise Agreement 2016 - 2019 (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 18 August 2016 and, in accordance with s.54, will operate from 25 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Gordon McKay Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2016 - 2019 with the ETU (Geelong Refinery). The application was made under section 234 of the Fair Work Act 2009. The application was contested by the ETU (Geelong Refinery), who argued that the agreement failed to meet the "better off overall test" and contained provisions that were not in the best interests of the employees.

The primary issue before the Commission was whether the Enterprise Agreement met the requirements of the Fair Work Act, including whether it passed the better off overall test and was in the best interests of the employees. The Commission also considered whether certain provisions of the agreement were appropriate and necessary. The Commission examined the submissions of both parties, including expert evidence from Gordon McKay Pty Ltd, and considered the overall impact of the agreement on the employees.

The Commission found that the Enterprise Agreement met the requirements of the Fair Work Act, including the better off overall test. The Commission accepted that the agreement was in the best interests of the employees and considered that the provisions were appropriate and necessary. The Commission also found that the agreement provided for fair and reasonable terms and conditions for the employees. The application for approval was therefore approved.

The Fair Work Commission approved the Gordon McKay Pty Ltd and ETU (Geelong Refinery) Enterprise Agreement 2016 - 2019. The Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission also found that the provisions of the agreement were appropriate and necessary, and provided for fair and reasonable terms and conditions for the employees.

Gordon McKay 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