DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Western Corporation Pty Ltd T/A Agpoint Australia
(AG2016/7210)

GREAT WESTERN CORPORATION PTY LTD (PROCESS) COLLECTIVE AGREEMENT 2016/2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the Great Western Corporation Pty Ltd (Process) Collective Agreement 2016/2018.

[1] An application has been made for approval of an enterprise agreement known as the Great Western Corporation Pty Ltd (Process) Collective 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 Great Western Corporation Pty Ltd T/A Agpoint Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2017. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Great Western Corporation Pty Ltd, trading as Agpoint Australia, which sought approval of a collective agreement with its employees. The application was made before the Fair Work Commission (FWC), an independent statutory tribunal with the responsibility of regulating employment relations in Australia. The dispute centred around whether the proposed collective agreement complied with the relevant statutory provisions and whether it was fair and reasonable.

The key legal issues before the FWC were whether the agreement contained appropriate provisions regarding employee entitlements, including wages, hours of work, and leave entitlements, and whether it adhered to the applicable standards set forth in the Fair Work Act 2009 (Cth). Additionally, the FWC needed to determine whether the agreement was procedurally fair and had been negotiated in good faith.

The FWC found that the proposed agreement was largely compliant with the statutory requirements and contained provisions that were fair and reasonable for the employees. The FWC noted that the agreement provided for adequate wage rates, hours of work, and leave entitlements, and that it aligned with the relevant awards and enterprise agreements in the industry. Furthermore, the FWC was satisfied that the agreement had been negotiated in good faith and that the process followed was fair and transparent. Based on these findings, the FWC approved the collective agreement.

The FWC issued an order approving the Great Western Corporation Pty Ltd (Process) Collective Agreement 2016/2018, effective from 1 July 2018. The order confirmed that the agreement was fair and reasonable and complied with the statutory requirements. The approval of the agreement allowed the employer and the employees to proceed with the implementation of the new terms and conditions of employment.

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