Gardner Denver Industries Pty Ltd Summary

[2014] FWCA 5294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gardner Denver Industries Pty Ltd
(AG2014/6858)

COMPAIR (AUSTRALASIA) LIMITED (STORES PERSONNEL) CERTIFIED AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 AUGUST 2014

Application for approval of the CompAir (Australasia) Limited (Stores Personnel) Certified Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CompAir (Australasia) Limited (Stores Personnel) Certified Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Gardner Denver Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] The NUW has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[5] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A), Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[6] Subject to the appended undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 11 August 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Gardner Denver Industries Pty Ltd applied for the approval of the CompAir (Australasia) Limited (Stores Personnel) Certified Agreement 2014. The matter was heard in the Fair Work Commission. The dispute centred around whether the certified agreement met the necessary legal criteria for approval and registration under the Fair Work Act 2009. Specifically, the application raised questions about the agreement's compliance with procedural fairness and whether it covered all necessary aspects of the employment relationship.

The court had to determine whether the agreement was fairly made, included all the required provisions, and adhered to the procedural requirements set out in the Act. It was necessary to assess if the bargaining process was genuine and if the agreement was made without any coercion or undue influence. The Commission also needed to ensure that the agreement contained all the mandatory terms and conditions as prescribed by law, and that it was not inconsistent with any relevant national employment standards.

After careful consideration of the evidence and submissions, the Fair Work Commission found that the agreement was fairly made and met all the statutory requirements. The Commission was satisfied that the bargaining process was genuine and that the agreement included all necessary provisions. Consequently, the Commission approved the agreement and ordered its registration, allowing it to become a legally binding enterprise agreement between the parties involved.

Gardner Denver Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established