DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Western Corporation Pty Ltd T/A Agpoint Australia
(AG2018/5509)

GREAT WESTERN CORPORATION PTY LTD (MAINTENANCE) COLLECTIVE AGREEMENT 2018/2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Great Western Corporation Pty Ltd (Maintenance) Collective Agreement 2018/2021.

[1] An application has been made for approval of an enterprise agreement known as the Great Western Corporation Pty Ltd (Maintenance) Collective Agreement 2018/2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Western Corporation Pty Ltd T/A Agpoint Australia. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 February 2019 and, in accordance with s.54, will operate from 18 February 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Great Western Corporation Pty Ltd T/A Agpoint Australia sought approval for the Great Western Corporation Pty Ltd (Maintenance) Collective Agreement 2018/2021. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred around whether the agreement was a "single interest" agreement, as defined by the Act, and whether it was made in good faith and without coercion.

The key legal issue was whether the agreement represented the interests of all the employees involved, as a collective entity. This required the Commission to examine whether the agreement was made in accordance with the provisions of the Fair Work Act, including the requirement that it be a "single interest" agreement, and whether it was made without coercion. Additionally, the Commission had to consider whether the agreement was procedurally sound, in terms of the process by which it was negotiated and agreed upon.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act, and was indeed a "single interest" agreement. The Commission noted that the agreement was negotiated in good faith, and was not made under duress or coercion. The process by which the agreement was negotiated and finalised was also found to be procedurally sound. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

No further orders were made by the Commission. The approval of the agreement by the Commission means that it is now a legally binding instrument, and the parties are required to comply with its terms.

Great Western Corporation Pty Ltd T/A Agpoint Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established