Gardner Denver Industries Pty Ltd T/A Gardner Denver
[2020] FWCA 3901
•24 JULY 2020
| [2020] FWCA 3901 |
| FAIR WORK COMMISSION |
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
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Annexure A:
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