Gardner Denver Industries Pty Ltd

[2023] FWCA 2693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gardner Denver Industries Pty Ltd

(AG2023/2833)

GARDNER DENVER INDUSTRIES PTY LTD (STORES PERSONNEL) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 AUGUST 2023

Application for approval of the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2023

Gardner Denver Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), 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 201(2), I note that the Agreement covers the UWU.

The Agreement was approved on 23 August 2023 and, in accordance with s 54, it will operate from 30 August 2023. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Gardner Denver Industries Pty Ltd, the Fair Work Commission was asked to consider the approval of the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2023. The applicant, Gardner Denver Industries Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for stores personnel within the company, aiming to ensure they were fair and reasonable.

The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically focusing on the "better off overall test" and whether it met the requirements for being a "low pay enterprise agreement." The Commission had to assess if the agreement provided for terms and conditions that were no worse than the relevant modern award and if it included provisions for the protection of employees' entitlements and rights.

The Commission found that the proposed agreement met the statutory requirements for approval. It confirmed that the agreement did not result in any of the stores personnel being worse off overall compared to their previous conditions under the relevant modern award. The agreement also contained provisions for minimum wages, penalty rates, and other entitlements that aligned with or exceeded the award standards. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The final order was that the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2023 be approved under section 231 of the Fair Work Act 2009. This approval would come into effect on the date specified in the agreement, providing a legally binding framework for the employment conditions of the stores personnel within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established