DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reel Fishing Pty Ltd T/A Gradan Industries
(AG2015/1941)

AMWU AND THE GRADAN INDUSTRIES COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 MARCH 2015

Application for approval of the AMWU and the Gradan Industries Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Gradan Industries Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Reel Fishing Pty Ltd T/A Gradan Industries. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 9 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Reel Fishing Pty Ltd, trading as Gradan Industries, and the Australian Manufacturing Workers' Union (AMWU). The matter pertained to an application for the approval of the AMWU and Gradan Industries Collective Bargaining Workshop Agreement 2014. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement was a genuine enterprise agreement and if it contained the necessary minimum terms and conditions as outlined in the Act. The focus was on ensuring that the agreement adhered to the procedural and substantive fairness standards set forth by the legislation. Specifically, the Commission needed to ascertain if the agreement had been made in good faith, if it contained only matters that could be the subject of an enterprise agreement, and if it provided for minimum rates of pay and other conditions of employment.

In delivering the decision, the Fair Work Commission carefully examined the processes followed in the creation of the agreement and its contents. The Commission noted that the agreement had been the subject of extensive negotiations between the parties and had been certified by the relevant independent umpire as meeting the requirements for a genuine enterprise agreement. The Commission found that the agreement contained all necessary minimum terms and conditions, including provisions for wages, hours of work, and other employment conditions. Given this, the Commission approved the agreement, finding it to be fair and compliant with the statutory framework.

The final orders of the Commission were that the AMWU and Gradan Industries Collective Bargaining Workshop Agreement 2014 be approved, effective from the date of the decision. The approval granted the agreement legal enforceability, allowing it to be used as a basis for resolving employment disputes between the parties.

Reel Fishing Pty Ltd T/A Gradan Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established