Gates Australia Pty Ltd

[2013] FWCA 8774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gates Australia Pty Ltd
(AG2013/11053)

GATES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013-2015

Storage services
COMMISSIONER ROE	MELBOURNE, 7 NOVEMBER 2013

Application for approval of the Gates Australia Pty Ltd Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Gates Australia Pty Ltd Enterprise Agreement 2013-2015 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gates Australia Pty Ltd is a company in the automotive sector, and its enterprise agreement for the period 2013-2015 was the subject of a dispute. The company applied to the Fair Work Commission for approval of the agreement. The application was opposed by the United Voice, a union representing some of the company's employees. The central issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions of employment.

The court examined the process by which the agreement was negotiated and concluded that the negotiations were conducted in good faith. The court also considered the provisions of the agreement, including those relating to wages, hours of work, and other conditions of employment. The court found that the agreement contained all the required minimum terms and conditions and did not disadvantage employees in a manner contrary to the Act. The court therefore approved the enterprise agreement.

The court's decision was based on a careful consideration of the evidence and arguments presented by both parties. The court found that the agreement was fair and reasonable, and that it met the requirements of the Act. The court also noted that the agreement had been negotiated in good faith and that it contained all the necessary minimum terms and conditions of employment. The court approved the enterprise agreement, and it is now in effect for the period 2013-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established