General Motors Australia And New Zealand Pty Ltd

[2025] FWCA 218

[2025] FWCA 218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

General Motors Australia And New Zealand Pty Ltd

(AG2024/5259)

GENERAL MOTORS AUSTRALIA & NEW ZEALAND WAREHOUSING OPERATIONS ENTERPRISE AGREEMENT 2024

Vehicle industry
COMMISSIONER REDFORD	MELBOURNE, 3 FEBRUARY 2025

Application for approval of the General Motors Australia & New Zealand Warehousing Operations Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the General Motors Australia & New Zealand Warehousing Operations Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by General Motors Australia And New Zealand Pty Ltd (GM ANZ). The Agreement is a single enterprise agreement.

Undertakings.

1. In response to several issues raised with GM ANZ in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement. 

1. The undertakings relate to:

a.Trainees

b.Part-time employees working overtime

c.Definition of a shift worker

Stand Down.

1. Clause 4.21 of the Agreement relates the situation in which employees may not be able to be usefully employed in emergency circumstances. I note this clause will operate subject to s 524 of the Act (which deals with stand down).

Consultation term. 

1. While clause 5.5.2 of the Agreement deals with consultation, it does not contain an obligation that the employer consult with employees about a change to their regular roster or ordinary hours of work. Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. 

Interaction with the National Employment Standards.

1. Clause 1.8 of the Agreement provides that in the event of an inconsistency between the terms of the Agreement and the National Employment Standards (NES), and the NES provides a greater benefit to an employee, the NES provision will apply to the extent of the inconsistency. On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 7.1.6 of the Agreement provides for the cashing out of annual leave. Section 93(2) of the Act requires that annual leave must not be cashed out if it would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks and provides that the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone. On the basis of the clause 1.8, I am satisfied these provisions will apply to employees covered by the Agreement.

b.Clause 7.1.10 contains provisions in respect to employees “clearing” annual leave within particular timeframes. Section 88(1) of the Act provides that annual leave may be taken for a period agreed between an employee and their employer and an employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave. Clause 1.8 of the Agreement will require clause 7.1.10 to operate subject to this provision of the Act.

c.Section 107(2)(a) of the Act provides that notice of taking personal leave must be given to an employer as soon as practicable (which may be a time after the leave has started). The provisions of clause 7.4.1 of the Agreement, which deal with the provision of notification of personal leave absence must be read subject to these provisions (pursuant to clause 1.8 of the Agreement).

d.Section 107(3) of the Act provides that an employer may require provision of evidence that would satisfy a reasonable person, in respect to personal leave. Clause 7.4.3 of the Agreement deals with the evidence GM ANZ will require employees to provide in relation to personal leave. This clause must be read subject to s 107(3) of the Act, pursuant to clause 1.8 of the Agreement.

e.Clause 7.9.1 of the Agreement provides for compassionate leave however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of clause 1.8 of the Agreement, the superior entitlement provided for in the NES will apply.

Consideration.

1. 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.

1. The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union (AMWU) and the United Workers Union (UWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU and the UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A