DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GVP Fabricators Pty Ltd
(AG2018/2291)

AMWU AND THE GVP FABRICATORS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 AUGUST 2018

Application for approval of the AMWU and the GVP FABRICATORS PTY LTD Collective Bargaining Workshop Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the GVP FABRICATORS PTY LTD Collective Bargaining Workshop 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 GVP Fabricators Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GVP Fabricators Pty Ltd was a party in an application for the approval of a collective bargaining workshop agreement. The Australian Manufacturing Workers' Union (AMWU) and GVP Fabricators Pty Ltd had entered into a collective agreement, and sought approval under the Fair Work Act 2009. The nature of the dispute involved the specifics of the collective agreement and its compliance with legislative requirements.

The primary legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees it covered. This included examining if the agreement met the criteria for an enterprise agreement and whether it was fair and reasonable in terms of the conditions of employment and dispute resolution mechanisms.

The court found that the collective agreement was generally in compliance with the Fair Work Act 2009. It was noted that the agreement contained the necessary elements required by the legislation, including provisions for wages, hours of work, and other terms and conditions of employment. The court was satisfied that the agreement was fair and reasonable, taking into account the context of the industry and the bargaining positions of the parties. Consequently, the court approved the agreement and directed that it be registered with the Fair Work Commission.

GVP Fabricators 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