DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gunnedah Leather Processors Pty Ltd
(AG2015/3784)

GUNNEDAH LEATHER PROCESSORS PTY LTD (PRODUCTION) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2015

Application for approval of the Gunnedah Leather Processors Pty Ltd (Production) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gunnedah Leather Processors Pty Ltd (Production) 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 Gunnedah Leather Processors 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] United Voice, 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 24 July 2015. The nominal expiry date of the Agreement is 24 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gunnedah Leather Processors Pty Ltd was the subject of an application for approval of an enterprise agreement under the Fair Work Act 2009. The applicants were the employer, represented by its directors, and two registered trade unions representing the employees. The dispute centred on the terms and conditions of employment for the workers at the company. The matter was heard in the Federal Circuit Court.

The primary legal issues before the court involved whether the enterprise agreement was genuinely bargained and whether it met the "better off overall test" as required by the Fair Work Act. The court had to examine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it provided employees with outcomes no less favourable than the relevant award or safety net.

The court determined that the agreement had been genuinely bargained and met the requirements under the Act. It was found that the agreement had been negotiated in good faith, contained all the mandated minimum terms, and offered employees outcomes no less favourable than those provided by the relevant award. The court was satisfied that the agreement was fair and reasonable, and thus approved the application for its registration.

The final orders of the court were that the Gunnedah Leather Processors Pty Ltd (Production) Enterprise Agreement 2015 be approved and registered under the Fair Work Act. The agreement was to apply to the employees of the company from the date of registration, effectively updating their terms and conditions of employment.

Gunnedah Leather Processors 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