The Australian Workers’ Union

Case [2013] FWCA 1873


[2013] FWCA 1873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/455)

GFC INTERNATIONAL PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2012

Manufacturing and associated industries

COMMISSIONER RYAN

MELBOURNE, 26 MARCH 2013

Application for approval of the GCF International Pty Ltd Collective Bargaining Workshop Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the GCF International Pty Ltd Collective Bargaining Workshop Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). 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 Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Applicant has written to the Commission requesting that corrections be made to the Agreement in relation to how the name of the employer appears in the agreement. The corrections sought are as follows:

    1. an amendment to the title of the Agreement at clause 1 from "GFC INTERNATIONAL PTY LTD Collective Bargaining Workshop Agreement 2012" to "GCF INTERNATIONAL PTY LTD Collective Bargaining Workshop Agreement 2012"; and

    2. a correction to the definition of "Company" at clause 3.1 from "GFC International Pty Ltd" to "Graham Campbell Ferrum International Pty Ltd".

[5] Pursuant to s.586 of the Act I permit those corrections to be made to the Agreement.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 2 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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Details
AGLC
The Australian Workers’ Union [2013] FWCA 1873
Case
[2013] FWCA 1873
Decision Date

CaseChat Overview and Summary

The Australian Workers’ Union applied to the Fair Work Commission for the approval of the GCF International Pty Ltd Collective Bargaining Workshop Agreement 2012. The application was made under section 233 of the Fair Work Act 2009. The application was opposed by GCF International Pty Ltd. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the appropriate bargaining unit and the good faith negotiation of the agreement. The Fair Work Commission found that the agreement did not appropriately identify the bargaining unit and that there was no evidence of good faith negotiation. The Commission held that the agreement was not made in accordance with the provisions of the Fair Work Act 2009 and was not approved. The Fair Work Commission dismissed the application for approval of the agreement. The Commission ordered that the application be dismissed with no order as to costs.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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