DECISION

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

Gunnedah Leather Processors Pty Ltd T/A Gunnedah Leather Processors Pty Ltd
(AG2018/6047)

GUNNEDAH LEATHER PROCESSORS PTY LTD (PRODUCTION) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 18 APRIL 2019

Application for approval of the Gunnedah Leather Processors Pty Ltd (Production) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gunnedah Leather Processors Pty Ltd (Production) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees Union, Newcastle & Northern NSW Branch (AMIEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 17 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Group General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 25 April 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Gunnedah Leather Processors Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred around the application for approval of the Gunnedah Leather Processors Pty Ltd (Production) Enterprise Agreement 2018. The matter was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The union challenged the agreement on several grounds, including its compliance with the requirements for an enterprise agreement and the fairness of its terms and conditions.

The legal issues before the FWC were whether the enterprise agreement met the necessary criteria for approval and if it was fair and reasonable in its terms. Key concerns included the adequacy of the agreement's coverage, the appropriateness of its provisions, and whether it complied with the relevant legislative standards. The union argued that the agreement did not sufficiently cover all employees and that certain terms were unfair. Gunnedah Leather Processors Pty Ltd defended the agreement, asserting that it was comprehensive and fair, and complied with all legal requirements.

The FWC carefully examined the enterprise agreement and the submissions from both parties. The Commission concluded that the agreement was comprehensive and adequately covered the employees it intended to. While acknowledging some concerns raised by the union, the FWC found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace. The FWC approved the enterprise agreement, noting that any disputes arising from its operation could be addressed through the appropriate dispute resolution mechanisms. The union's application was dismissed.

Gunnedah Leather Processors Pty Ltd T/A 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