DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gardner Denver Industries Pty Ltd T/A Gardner Denver
(AG2020/1877)

GARDNER DENVER INDUSTRIES PTY LTD (SERVICE TECHNICIANS) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 JULY 2020

Application for approval of the Gardner Denver Industries Pty Ltd (Service Technicians) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gardner Denver Industries Pty Ltd (Service Technicians) Enterprise Agreement 2020 (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 T/A Gardner Denver. 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 July 2020 and, in accordance with s.54, will operate from 31 July 2020. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Gardner Denver Industries Pty Ltd applied to the Fair Work Commission for the approval of the Gardner Denver Industries Pty Ltd (Service Technicians) Enterprise Agreement 2020. The respondents to the application included unions and employees within the enterprise. The dispute centred around the provisions of the proposed agreement, including terms related to employee classification, pay rates, and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act.

The primary legal issues before the Commission were whether the agreement provided for minimum terms as required by section 234 of the Act and whether it was procedurally valid. The Commission considered whether the agreement had been made in good faith, and if the bargaining process adhered to the procedural fairness standards. Additionally, the Commission examined if the proposed terms were consistent with the protection of employees' rights and interests.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith and followed the appropriate procedural steps. It found that the agreement contained all the prescribed minimum terms, including provisions for pay rates, classification, and other employment conditions. The Commission also assessed the agreement against the criteria of being in the best interests of the employees and determined that it met these requirements. Consequently, the Commission approved the Gardner Denver Industries Pty Ltd (Service Technicians) Enterprise Agreement 2020, finding it to be compliant with the statutory provisions of the Fair Work Act.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the service technicians at Gardner Denver Industries Pty Ltd.

Gardner Denver Industries Pty Ltd T/A Gardner Denver

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established