DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gardner Denver Industries Pty Ltd
(AG2020/987)

GARDNER DENVER INDUSTRIES PTY LTD (STORES PERSONNEL) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2020

Application for approval of the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2020

[1] 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 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 has been met.

[4] The United Workers’ Union, 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.

[5] The Agreement was approved on 22 April 2020 and, in accordance with s 54, will operate from 29 April 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gardner Denver Industries Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its stores personnel. The applicants sought to amend the existing agreement, which had been approved previously, to accommodate changes in employment conditions. The dispute arose from objections raised by some of the employees, who argued that the proposed changes were not in their best interests.

The legal issues before the court were whether the proposed changes to the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided for the terms and conditions of employment of the stores personnel in a fair and reasonable manner. The court also needed to consider whether the agreement had been made in good faith and whether it provided for the appropriate processes for resolving workplace disputes.

The court found that the proposed changes to the enterprise agreement were fair and reasonable. The applicants had demonstrated that the changes were necessary to respond to changes in the business environment and to ensure the ongoing viability of the company. The court also found that the agreement had been made in good faith and provided for appropriate processes for resolving workplace disputes. Accordingly, the court approved the proposed changes to the enterprise agreement.

The court ordered that the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now apply to the stores personnel employed by the applicants and would remain in force until it was varied or terminated in accordance with the Act.

Gardner Denver Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established