GVP Fabricators Pty Ltd Summary

[2022] FWCA 4009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GVP Fabricators Pty Ltd

(AG2022/4694)

AMWU and the GVP FABRICATORS PTY LTD Collective Bargaining Workshop Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 NOVEMBER 2022

Application for approval of the AMWU and the GVP FABRICATORS PTY LTD Collective Bargaining Workshop Agreement 2021

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 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GVP Fabricators Pty Ltd, along with the Australian Manufacturing Workers' Union, applied to the Fair Work Commission for approval of their Collective Bargaining Workshop Agreement 2021. The AMWU represented employees of the company. The company argued that the agreement provided for a better workplace environment and improved productivity, while the AMWU argued that the agreement improved the terms and conditions of employment for its members. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issue before the Commission was whether the agreement complied with the statutory provisions set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith. The Commission also needed to consider whether the agreement met the requirements for coverage of employees and whether it complied with any relevant award or registered agreement.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the legal requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission also found that the agreement met the requirements for coverage of employees and that it complied with any relevant award or registered agreement. As such, the Commission approved the agreement.

The Fair Work Commission approved the Collective Bargaining Workshop Agreement 2021 between GVP Fabricators Pty Ltd and the Australian Manufacturing Workers' Union. The agreement provides for fair and reasonable terms and conditions of employment, and was made in good faith. The agreement also meets the requirements for coverage of employees and complies with any relevant award or registered agreement. The Commission's decision ensures that employees of GVP Fabricators Pty Ltd will benefit from improved workplace conditions and productivity.

GVP Fabricators Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established