Gates Australia Pty Ltd

[2022] FWCA 4144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gates Australia Pty Ltd

(AG2022/4763)

Gates Australia Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 25 NOVEMBER 2022

Application for approval of the Gates Australia Pty Ltd Enterprise Agreement 2022.

Gates Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Gates Australia Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

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.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 25 November 2022 and, in accordance with s.54, will operate from 2 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gates Australia Pty Ltd sought approval for their Enterprise Agreement 2022, which was filed with the Fair Work Commission (FWC). The applicants, Gates Australia, requested the FWC approve the agreement under section 234 of the Fair Work Act 2009, as it had been negotiated with the employees' union, the Transport Workers Union. The union supported the application, but several individual employees opposed it, raising concerns about the agreement's fairness and compliance with the Fair Work Act.

The primary legal issues before the FFWRC were whether the Enterprise Agreement 2022 met the criteria for approval as set out in the Fair Work Act. Specifically, the FWC had to determine if the agreement was in the public interest, did not undermine the safety of employees, and did not otherwise contravene the provisions of the Act. The FWC also needed to consider the submissions from the individual employees who opposed the agreement, despite the union's support.

In assessing the application, the FWC found that the Enterprise Agreement 2022 was in the public interest, provided adequate protections for employees, and did not contravene any provisions of the Fair Work Act. The FWC noted that the agreement had been negotiated in good faith and reflected the interests of the parties involved. The concerns raised by the individual employees were addressed and found not to be significant enough to warrant disapproval of the agreement. Consequently, the FWC approved the Enterprise Agreement 2022 under section 234 of the Fair Work Act.

The FWC's decision resulted in the approval of the Gates Australia Pty Ltd Enterprise Agreement 2022, effective from the date of the decision. This decision sets a precedent for future enterprise agreements within the organisation and ensures that the terms of employment are fairly negotiated and agreed upon by both the employer and the employees' representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established