DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Western Corporation Pty Ltd T/A Agpoint Australia
(AG2018/5510)

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

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Great Western Corporation Pty Ltd (Process) 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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 14 January 2019 and, in accordance with s.54, will operate from 21 January 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Great Western Corporation Pty Ltd, trading as Agpoint Australia, for the approval of a collective agreement. The agreement in question was the Great Western Corporation Pty Ltd (Process) Collective Agreement 2018/2021. The dispute arose under the Fair Work Act 2009, where the company sought to have the agreement recognised as a registered workplace agreement.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it was made in good faith and without coercion. Specifically, the Commission needed to determine if the agreement had been negotiated genuinely and if it met the standards for inclusion of essential terms. Furthermore, the Commission had to consider whether the agreement's provisions were reasonable in the circumstances.

The Commission found that the agreement was compliant with the statutory requirements of the Fair Work Act. The negotiation process was deemed to have been conducted in good faith, and there was no evidence of coercion. The agreement included all the essential terms as required by the Act and was found to be reasonable in its provisions. The Commission approved the agreement, highlighting its benefits in providing a fair and balanced framework for the parties involved. The decision underscored the importance of genuine negotiation and adherence to statutory standards in the formation of workplace agreements.

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