Guala Closures Australia Pty Ltd

[2013] FWCA 3276

FAIR WORK COMMISSION

DECISION

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

Guala Closures Australia Pty Ltd
(AG2013/6398)

GUALA CLOSURES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 24 MAY 2013

Application for approval of the Guala Closures Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Guala Closures Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 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] 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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[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 AMWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Guala Closures Australia Pty Ltd, the employer, sought approval of an enterprise agreement with its employees, as represented by the Transport Workers Union. The application was made under the Fair Work Act 2009. The Federal Court heard the application, examining whether the agreement met the criteria for approval under the Act. The dispute centred on the procedural fairness of the agreement and whether it had been made in good faith.

The legal issues before the court involved assessing whether the agreement was genuinely made without pressure or coercion and if it had been fairly negotiated. The court also considered whether the agreement was clear and concise, and if it provided for the proper operation of the enterprise. Another issue was whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the process for resolving disputes.

The court found that the agreement had been fairly negotiated and was free from any improper influence. It held that the process for making the agreement was fair and transparent, and that the union had adequately represented the employees. The court further determined that the agreement was clear and provided for the proper operation of the enterprise. The agreement was also found to comply with all relevant provisions of the Fair Work Act, including those relating to dispute resolution. Consequently, the court approved the enterprise agreement.

In summary, the court approved the Guala Closures Australia Pty Ltd Enterprise Agreement 2013, finding that it was made in good faith, fairly negotiated, and met all legal requirements. The agreement was deemed to be clear, concise, and compliant with the Fair Work Act, thus fulfilling the criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established