DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gunnedah Workshops Enterprises Ltd T/A Gunnedah Workshops
(AG2018/1987)

GUNNEDAH WORKSHOP ENTERPRISES LTD WORKPLACE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER MCKINNON	MELBOURNE, 29 OCTOBER 2018

Application for approval of the Gunnedah Workshop Enterprises Ltd Workplace Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Gunnedah Workshop Enterprises Ltd Workplace Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gunnedah Workshops Enterprises Ltd T/A Gunnedah Workshops.

[2] Gunnedah Workshops is a non-profit organisation employing individuals with disabilities. It is partially funded by the Commonwealth Department of Social Services. The Agreement is a fourth generation agreement that has been in place for 15 years. It provides rates of pay which are equal to the Support Employment Services Award 2010 (the Award)¸ allows for ordinary hours to be work on a Saturday by mutual agreement, allows for alteration of part time hours of work without agreement of the employee and provides that overtime is payable for hours of work in excess of 38 hours. The Agreement provides some more beneficial entitlements than the Award in relation to additional unpaid leave, career planning and training. However, on balance I am not satisfied the Agreement passes the better off overall test.

[3] The special circumstances of Gunnedah Workshops and its employees are exceptional in the sense that while they are not necessarily unique or unprecedented, they are uncommon. In the circumstances, and in particular the involvement and support of parents and guardians of the employees as well as history of agreement making at the enterprise, I am satisfied that it would not be contrary to the public interest to approve the Agreement under section 189(2).

[4] Written undertakings have been given in accordance with s. 190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] With the undertakings now given, and except in relation to the better off overall test, I am satisfied that each of the requirements of ss.186, 187, 188 and 189 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 5 November 2018. In accordance with s.189(4) of the Act, the nominal expiry date of the Agreement is 28 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Gunnedah Workshops Enterprises Limited, trading as Gunnedah Workshops, applied for the approval of the Gunnedah Workshop Enterprises Ltd Workplace Agreement 2018. The applicant, an employer in the automotive repair and mechanical workshop industry, sought to have the agreement approved as a certified agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including that it provided for the terms and conditions of employment of the employees, and whether it was made in accordance with the relevant provisions of the Act.

The legal issues before the Commission were whether the agreement was a genuine bargain between the parties, whether it provided for the terms and conditions of employment, and whether it was procedurally sound. The Commission had to consider whether the agreement contained all the required minimum terms, including provisions for wages, hours of work, and other employment conditions, and whether there was evidence of genuine bargaining between the parties. The Commission also had to assess if the agreement was made without coercion and in compliance with the relevant provisions of the Act.

The Commission found that the agreement was a genuine bargain made between the parties and contained all the required minimum terms. The Commission was satisfied that there was evidence of genuine bargaining and that the agreement was made without coercion. The Commission also found that the agreement was procedurally sound and met all the requirements for approval under the Act. Accordingly, the Commission approved the Gunnedah Workshop Enterprises Ltd Workplace Agreement 2018 as a certified agreement.

The Commission's decision was final and binding, and the agreement was approved as a certified agreement. The applicant could now rely on the agreement as a basis for the terms and conditions of employment for the employees covered by the agreement. The decision provided clarity and certainty for both the employer and employees and ensured that the agreement met all the necessary legal requirements for approval.

Gunnedah Workshops Enterprises Ltd T/A Gunnedah Workshops

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established