General Motors Australia & New Zealand Pty Ltd
[2022] FWCA 2325
•12 JULY 2022
| [2022] FWCA 2325 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
General Motors Australia & New Zealand Pty Ltd
(AG2022/1901)
GM ANZ Engineering Operations Agreement 2021
| Road transport industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 12 JULY 2022 |
Application for approval of the GM ANZ Engineering Operations Agreement 2021
General Motors Australia & New Zealand Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the GM ANZ Engineering Operations Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.
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.
The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions on 14 June 2022 in the Form F16 as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Association of Professional Engineers, Scientists and Managers, and the Australian Manufacturing Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.
The Agreement was approved on 12 July 2022 and, in accordance with s 54, will operate from 19 July 2022. The nominal expiry date of the Agreement is 14 November 2024.
DEPUTY PRESIDENT
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Annexure A
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