DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Guala Closures Australia Pty Ltd
(AG2015/474)

GUALA CLOSURES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 MARCH 2015

Application for approval of the Guala Closures Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Guala Closures Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Guala Closures Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 March 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Guala Closures Australia Pty Ltd was a party in an application for approval of the Enterprise Agreement 2015. The application was heard by the Fair Work Commission, which was responsible for determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred on the provisions of the agreement that related to the terms and conditions of employment for the employees of Guala Closures Australia Pty Ltd.

The legal issues before the commission involved whether the Enterprise Agreement 2015 complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the commission had to consider whether the agreement was made in good faith, whether it contained the minimum terms and conditions that are mandated by the Act, and whether it was appropriately certified by an independent authority. Additionally, the commission examined the process by which the agreement was negotiated and whether it was done so in accordance with the relevant provisions of the Act.

The commission found that the Enterprise Agreement 2015 was made in good faith and contained all the required minimum terms and conditions as stipulated by the Fair Work Act 2009. The commission also noted that the agreement had been certified by an appropriately authorised person and that the negotiation process was conducted in compliance with the Act. After considering all the evidence and arguments presented, the commission was satisfied that the agreement met all the necessary legal criteria. Consequently, the commission approved the agreement, finding it to be compliant with the relevant legislative requirements.

Guala Closures Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established