DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gates Australia Pty Ltd
(AG2020/937)

GATES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 8 MAY 2020

Application for approval of the Gates Australia Pty Ltd Enterprise Agreement 2019.

[1] Gates Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Gates Australia Pty Ltd Enterprise Agreement 2019. The application is supported by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union.

[2] Notice of the time, place and method of a vote to approve the Agreement was given to employees on 6 March 2020. The access period commenced on 10 March 2020 and voting to approve the Agreement commenced on 18 March 2020, two days earlier than the time specified in the notice of 6 March 2020. Voting concluded on 20 March 2020 when the Agreement was approved. The fact that employees were able to vote prior to the notified time gives rise to a question about whether the Agreement was genuinely agreed.

[3] Having heard from the parties, I am satisfied that each employee had at least seven clear days’ notice of the vote. All twelve employees covered by the Agreement voted by secret ballot and voted in favour of the Agreement. In the circumstances, I am satisfied that the error was a minor procedural error that was not likely to disadvantage any employees. Absent the error, the outcome of the vote would have been the same. I am satisfied that the Agreement was genuinely agreed.

[4] I am also satisfied that each of the other requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. While, the Form F18 filed in support of the application was not witnessed by an authorised person, I consider it appropriate to waive the irregularity under section 586 of the Act in the circumstances.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

[6] The Australian Manufacturing Workers’ Union is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gates Australia Pty Ltd is the applicant in this case, seeking approval of an enterprise agreement with its employees. The respondents are various unions and employee representatives who have raised concerns about the proposed agreement. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The central issue before the Commission was whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This included assessing whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the provisions concerning minimum entitlements and protections.

The Commission examined several aspects of the agreement, including the proposed terms related to pay rates, conditions, and dispute resolution mechanisms. Key to the analysis was whether the agreement provided for fair and reasonable terms that addressed the needs of all parties involved, particularly focusing on whether it met the "better off overall test" as stipulated in the Act. This test requires that the proposed agreement should ensure that employees are not worse off and should be better off overall than under the applicable award or registered agreement. The Commission also had to consider if the agreement was made in good faith and whether it provided for a fair process for resolving disputes.

After thorough examination, the Commission concluded that the agreement met the statutory requirements. It found that the agreement was made in good faith and provided for fair terms and conditions, ensuring that employees were not disadvantaged. The proposed pay rates and conditions were deemed adequate, and the dispute resolution mechanisms were considered appropriate and fair. Consequently, the Commission approved the enterprise agreement, finding that it satisfied all necessary legislative criteria. The decision ensures that the agreement will now form the basis for employment conditions between Gates Australia Pty Ltd and its employees, subject to the terms set out in the approved agreement.

Gates Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established