DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Great Western Corporation Pty Ltd T/A Agpoint Australia
(AG2015/1979)

GREAT WESTERN CORPORATION PTY LTD (PROCESS) COLLECTIVE AGREEMENT 2014/2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 MARCH 2015

Application for approval of the Great Western Corporation Pty Ltd (Process) Collective Agreement 2014/2016.

[1] An application has been made for approval of an enterprise agreement known as the Great Western Corporation Pty Ltd (Process) Collective Agreement 2014/2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers this organisation.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2015. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Great Western Corporation Pty Ltd T/A Agpoint Australia and the National Union of Workers. The dispute was about the approval of the Great Western Corporation Pty Ltd (Process) Collective Agreement 2014/2016. This case was heard in the Fair Work Commission, an Australian tribunal with jurisdiction over workplace relations matters.

The central legal issues addressed by the court were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and whether the process leading to the agreement was fair and compliant with relevant provisions. Specifically, the court had to determine whether the agreement had been made in good faith and if the necessary procedural requirements were met.

The court examined the process leading to the agreement, including whether the employer had engaged in genuine bargaining and if the union had been given a fair opportunity to participate. It also assessed whether the agreement contained appropriate terms and conditions that complied with the law and whether the agreement's terms were fair and reasonable. The court concluded that the agreement met the necessary criteria for approval, finding that it had been made in good faith and that the process was fair.

As a result, the Fair Work Commission approved the Great Western Corporation Pty Ltd (Process) Collective Agreement 2014/2016. The agreement was deemed to be compliant with the requirements of the Fair Work Act 2009, and it was accepted as a valid and binding agreement between the employer and the union.

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