General Motors Australia Pty Ltd

[2025] FWCA 3097

[2025] FWCA 3097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

General Motors Australia Pty Ltd

(AG2025/2893)

GM ANZ ENGINEERING OPERATIONS ENTERPRISE AGREEMENT 2024

Vehicle industry
COMMISSIONER TRAN	MELBOURNE, 12 SEPTEMBER 2025

Application for approval of the GM ANZ Engineering Operations Enterprise Agreement 2024

1. General Motors Australia Pty Ltd has applied for approval of an enterprise agreement known as the GM ANZ Engineering Operations Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009 (Cth).

1. The Agreement is a single enterprise agreement

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 7.7.1 – Parental leave

   ·   Clause 7.1 – Annual leave

   ·   Clause 7.4.1 – Notification time

   ·   Clause 7.9 – Compassionate leave

   ·   Clause 4.1.2(a) – Serious misconduct

1. Clause 1.8 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged Form F18 statutory declarations, giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 September 2025.

1. In accordance with clause 1.5, the nominal expiry date of the Agreement is 14 November 2027.

COMMISSIONER

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