DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordyn & Palmer Pty Ltd
(AG2015/7063)

GORDYN & PALMER PTY LTD ENTERPRISE AGREEMENT 2016 - 2018

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 20 JANUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Gordyn & Palmer Pty Ltd Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2016. The nominal expiry date of the Agreement is 19 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case of Gordyn & Palmer Pty Ltd involved an application for the approval of the Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission (FWC) by the employer, Gordyn & Palmer Pty Ltd. The agreement was entered into between the employer and the employees represented by the Australian Manufacturing Workers Union (AMWU). The primary dispute centred on the terms of the proposed agreement, particularly those relating to pay rates, leave entitlements, and the dispute resolution process. The AMWU contested several provisions of the agreement, arguing they were not fair and reasonable in all respects.

The legal issues before the FWC required it to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for terms and conditions that were fair and reasonable in all respects, and whether it complied with the procedural requirements for enterprise agreements. The FWC had to consider the balance of rights and obligations, the process by which the agreement was made, and the overall fairness of the terms proposed.

In making its decision, the FWC considered the submissions from both parties, as well as the evidence presented regarding the bargaining process and the terms of the agreement. The FWC noted the employer's argument that the agreement reflected the realities of the business environment and the need for flexibility. Conversely, the AMWU argued that certain terms disadvantaged employees. After reviewing the evidence and submissions, the FWC determined that, while there were areas of contention, the agreement overall met the statutory requirements for approval. The FWC emphasised the importance of the good faith bargaining process and found that the agreement was fair and reasonable in all respects.

The FWC approved the Gordyn & Palmer Pty Ltd Enterprise Agreement 2016-2018, subject to certain modifications to address the concerns raised by the AMWU. These modifications included adjustments to the pay rates and the dispute resolution process. The decision was made in the interest of maintaining a fair and reasonable balance between the employer and the employees, ensuring that the agreement complied with the Fair Work Act 2009.

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