DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Gordyn & Palmer Pty Ltd
(AG2016/3563)

GORDYN & PALMER PTY LTD ENTERPRISE AGREEMENT 2016 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JUNE 2016

Application for approval of the Gordyn & Palmer Pty Ltd Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Gordyn & Palmer Pty Ltd Enterprise Agreement 2016 - 2018 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Gordyn & Palmer Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[3] The variations to the Agreement are attached to this decision as Annexure A.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 28 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Gordyn & Palmer Pty Ltd, an employer, and the Australian Manufacturing Workers’ Union, a trade union. The dispute centred around the application for the approval of an enterprise agreement between the parties for the period 2016-2018. The matter was heard in the Fair Work Commission, Australia’s independent statutory body with jurisdiction to make binding decisions in relation to the Fair Work Act 2009. The Commission was required to determine whether the agreement was fair and reasonable, in line with the criteria set out in the legislation.

The primary legal issue before the Commission was whether the terms of the enterprise agreement were fair and reasonable, considering the economic, social, and employment context in which it was negotiated. The Commission needed to assess if the agreement complied with the statutory requirements of the Fair Work Act and whether it adequately addressed the needs and interests of the employees and the employer. The Commission also had to ensure that the agreement did not unfairly discriminate against any group of employees or employers.

The Commission determined that the enterprise agreement was fair and reasonable, as it met the statutory requirements and balanced the interests of both parties. The Commission found that the agreement addressed various employment terms and conditions, including wages, hours of work, and other benefits, in a manner that was reasonable and fair. The Commission also noted that the agreement contained appropriate dispute resolution mechanisms and provided for flexibility in the workplace. As a result, the Commission approved the application for the agreement’s approval.

The Fair Work Commission approved the Gordyn & Palmer Pty Ltd Enterprise Agreement 2016-2018, finding it to be fair and reasonable. The Commission's decision was based on the agreement's compliance with the statutory requirements and its balanced approach to addressing the interests of both the employer and employees. The Commission's approval of the agreement allows it to be registered and enforced under the Fair Work Act, providing certainty and stability in the workplace for the parties involved.

Gordyn & Palmer 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