DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exide Australia Pty Ltd T/A GNB Industrial Power
(AG2017/4752)

GNB INDUSTRIAL POWER NSW WAREHOUSE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 DECEMBER 2017

Application for approval of the GNB Industrial Power NSW Warehouse Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GNB Industrial Power NSW Warehouse Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exide Australia Pty Ltd T/A GNB Industrial Power. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 5 December 2017 and, in accordance with s.54, will operate from 12 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Exide Australia Pty Ltd, trading as GNB Industrial Power, sought approval for the GNB Industrial Power NSW Warehouse Enterprise Agreement 2017 from the Fair Work Commission. The application was made in light of the Fair Work Act 2009 and its subsequent regulations. The company argued that the agreement was in the best interests of the employees, and that it had been negotiated in good faith.

The legal issues before the court revolved around whether the agreement was fair and reasonable, and whether the proper procedures had been followed in its negotiation. The court had to determine if the agreement complied with the statutory requirements and if it was consistent with the overarching principles of fairness and good faith. Additionally, the court examined whether the agreement appropriately balanced the interests of both the employer and the employees.

The court found that the agreement was fair and reasonable, and that it had been negotiated in good faith. The court concluded that the agreement appropriately balanced the interests of both parties and was consistent with the principles of the Fair Work Act. The court also noted that the agreement met all statutory requirements and that the proper procedures had been followed. As such, the court approved the GNB Industrial Power NSW Warehouse Enterprise Agreement 2017.

The court's decision was final, and the agreement was approved as requested by Exide Australia Pty Ltd. The court's reasoning was grounded in the statutory provisions of the Fair Work Act and the principles of fairness and good faith. The approval of the agreement ensures that it will be used to govern the employment relationship between Exide Australia Pty Ltd and its employees in accordance with the law.

Exide Australia Pty Ltd T/A GNB Industrial Power

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established