DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gardner Denver Industries Pty Ltd T/A Gardner Denver
(AG2017/5618)

GARDNER DENVER INDUSTRIES PTY LTD (STORES PERSONNEL) ENTERPRISE AGREEMENT 2017.

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2017 (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 Applicant 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers, 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.

[6] The Agreement was approved on 15 December 2017 and, in accordance with s.54, will operate from 22 December 2017. 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 applicant, Gardner Denver Industries Pty Ltd, trading as Gardner Denver, applied for approval of an enterprise agreement. The Fair Work Commission heard the matter. The agreement in question concerned the stores personnel of the company and was proposed for the year 2017. The application for approval of the enterprise agreement arose because the Fair Work Commission needed to ensure that the agreement complied with the Fair Work Act 2009 and met the criteria for being a lawful and fair agreement under Australian labour law.

The primary legal issues before the Fair Work Commission were whether the enterprise agreement was made in good faith and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, including appropriate terms and conditions for the employees involved. Furthermore, the Commission considered whether the agreement included provisions for dispute resolution and if it provided adequate protections for employees, such as minimum wages and conditions.

The Fair Work Commission found that the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2017 was made in good faith and met the requirements of the Fair Work Act. The agreement provided for fair terms and conditions, included provisions for dispute resolution, and ensured that employees were protected under the minimum wage and conditions outlined in the Act. The Commission was satisfied that the agreement was beneficial for both the employer and the employees and would promote a productive and efficient workplace.

Consequently, the Fair Work Commission approved the Gardner Denver Industries Pty Ltd (Stores Personnel) Enterprise Agreement 2017. The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act.

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