DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gates Australia Pty Ltd
(AG2016/4519)

GATES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016-2019

Storage services
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Gates Australia Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gates Australia Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gates Australia Pty Ltd. 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, 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] The Agreement was approved on 5 September 2016 and, in accordance with s.54, will operate from 9 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gates Australia Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The application was opposed by the National Tertiary Education Union. The dispute centred on whether the agreement complied with the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the criteria for registration, including fairness and genuine agreement. The court considered various aspects of the agreement, including the terms regarding pay rates, leave provisions, and procedural fairness in the agreement's negotiation process.

The Commission found that the agreement was not unfair as it contained provisions that were no less favourable than the relevant awards. The court assessed the evidence of procedural fairness, including the union's participation in the negotiation process and whether employees had an opportunity to be heard. The Commission concluded that the agreement was genuinely negotiated and that there was sufficient evidence of procedural fairness. Consequently, the court approved the agreement, finding that it met the statutory requirements for registration.

The Fair Work Commission approved the Gates Australia Pty Ltd Enterprise Agreement 2016-2019, ruling that it was not unfair and had been genuinely negotiated. The Commission found that the agreement contained terms that were no less favourable than the relevant awards and that there was sufficient evidence of procedural fairness in its negotiation. The court ordered the agreement to be registered under the Fair Work Act 2009, effective from the date of the decision.

Gates Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established