General Motors Australia and New Zealand Pty Ltd

[2022] FWCA 364

[2022] FWCA 364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

General Motors Australia and New Zealand Pty Ltd

(AG2021/8807)

General Motors Australia & New Zealand Warehousing Operations Enterprise Agreement

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 7 FEBRUARY 2022

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

1. An application has been made for approval of an enterprise agreement known as the General Motors Australia & New Zealand Warehousing Operations Enterprise Agreement (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. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clause 7.11(a)(iii) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, to address this, the Employer provided a NES precedence clause which is in the undertaking at Annexure A. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and in accordance with s.54, will operate from 14 February 2022. The nominal expiry date of the Agreement is 14 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514849  PR738096>

Annexure A