Gardner Denver Industries Pty Ltd T/A Gardner Denver Industries

[2023] FWCA 2322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gardner Denver Industries Pty Ltd T/A Gardner Denver Industries

(AG2023/2429)

APPLICATION FOR APPROVAL OF THE GARDNER DENVER INDUSTRIES PTY LTD (SERVICE TECHNICIANS) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 26 JULY 2023

Application for approval of the Gardner Denver Industries Pty Ltd (Service Technicians) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the GARDNER DENVER INDUSTRIES PTY LTD (SERVICE TECHNICIANS) ENTERPRISE AGREEMENT 2023 (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 Industries. The Agreement is a single enterprise agreement.

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 “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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gardner Denver Industries Pty Ltd, trading as Gardner Denver Industries, applied to the Fair Work Commission for the approval of the Gardner Denver Industries Pty Ltd (Service Technicians) Enterprise Agreement 2023. The application was contested by the Australian Manufacturing Workers' Union, who raised concerns about the terms and conditions outlined in the proposed agreement. The central legal issues the Commission had to address were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall and in the round" agreement.

The Commission began by examining the process by which the agreement was made, ensuring it adhered to the procedural fairness standards set out in the Fair Work Act. It assessed whether the agreement was genuinely negotiated and if it covered all necessary aspects of the employment relationship. The Commission also considered the "better off overall and in the round" test, which requires that the proposed agreement provides employees with a minimum of the national safety net entitlements and is at least as good as any existing applicable award or agreement. After thorough examination, the Commission found that the agreement met all statutory requirements and was indeed better off for the employees overall.

Consequently, the Fair Work Commission approved the Gardner Denver Industries Pty Ltd (Service Technicians) Enterprise Agreement 2023. The Commission's decision was based on its determination that the agreement was fairly negotiated, met all legal criteria, and provided employees with benefits that met or exceeded the national safety net and any applicable awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established