| [2021] FWCA 462 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Grains Research and Development Corporation
(AG2020/4132)
GRAINS RESEARCH AND DEVELOPMENT CORPORATION (GRDC) ENTERPRISE AGREEMENT 2020-2023
Commonwealth employment | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 1 FEBRUARY 2021 |
Application for approval of the Grains Research and Development Corporation (GRDC) Enterprise Agreement 2020-2023.
[1] Grains Research and Development Corporation has applied for approval of a single enterprise agreement known as the Grains Research and Development Corporation (GRDC) Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
[2] On the basis of the material contained in the application and related materials, 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 was approved on 1 February 2021 and, in accordance with s.54, will operate from 8 February 2021. The nominal expiry date of the Agreement is 8 February 2024.
DEPUTY PRESIDENT
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- AGLC
- Grains Research and Development Corporation [2021] FWCA 462
- Case
- [2021] FWCA 462
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission began its analysis by examining the provisions of the proposed agreement against the benchmarks set out in the Fair Work Act. The court noted the GRDC's argument that the agreement reflected fair and reasonable terms and conditions, and that it was negotiated in good faith. The commission paid particular attention to the fairness of the proposed conditions, the bargaining power of the parties, and the implications of the agreement for the workforce. It also considered the submissions from both the GRDC and the employees' representatives.
After careful consideration, the Fair Work Commission determined that the proposed Enterprise Agreement did indeed meet the statutory criteria for approval. The court found that the agreement was fair and reasonable, taking into account the overall interests of the employees, and that it did not contain any improper influences. Consequently, the commission approved the application for the GRDC Enterprise Agreement 2020-2023. The decision was grounded in the evidence presented and the applicable legal standards, ensuring that the agreement would provide a fair framework for the employees moving forward.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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