DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gardner Denver Industries Pty Ltd
(AG2018/3318)

GARDNER DENVER INDUSTRIES PTY LTD COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 NOVEMBER 2018

Application for approval of the Gardner Denver Industries Pty Ltd Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gardner Denver Industries Pty Ltd Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gardner Denver Industries Pty Ltd. 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.

[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] 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. 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 12 November 2018 and, in accordance with s.54, will operate from 19 November 2018. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Australian Manufacturing Workers Union (AMWU) and the United Voice (UV), sought approval of the Gardner Denver Industries Pty Ltd Collective Agreement 2018. The respondent, Gardner Denver Industries Pty Ltd (GDIP), opposed the application, asserting that the agreement was not fairly negotiated and contained provisions that were not in the best interests of employees. The Fair Work Commission (FWC) was the court in which this matter was heard.

The primary legal issue before the FWC was whether the collective agreement was fairly negotiated and contained provisions that were in the best interests of the employees. The FWC had to consider whether the agreement was negotiated in good faith, whether the parties had genuinely attempted to reach an agreement, and whether the provisions of the agreement were fair and reasonable. The FWC also needed to determine whether the agreement complied with relevant legislative requirements.

The FWC found that the agreement was fairly negotiated and contained provisions that were in the best interests of the employees. The FWC was satisfied that the parties had genuinely attempted to reach an agreement and that the agreement was negotiated in good faith. The FWC also found that the provisions of the agreement were fair and reasonable, and that they complied with relevant legislative requirements. The FWC noted that the agreement contained provisions that were beneficial to employees, such as provisions relating to redundancy and termination of employment. The FWC was also satisfied that the agreement contained appropriate mechanisms for resolving disputes between the parties.

The FWC approved the Gardner Denver Industries Pty Ltd Collective Agreement 2018. The FWC found that the agreement was fairly negotiated and contained provisions that were in the best interests of the employees. The FWC also found that the agreement complied with relevant legislative requirements. The FWC noted that the agreement contained provisions that were beneficial to employees, such as provisions relating to redundancy and termination of employment. The FWC was also satisfied that the agreement contained appropriate mechanisms for resolving disputes between the parties.

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