General Motors Australia Pty Ltd Summary

[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

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).

The Agreement is a single enterprise agreement

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

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.

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.

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.

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.

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

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

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved General Motors Australia Pty Ltd, which sought approval of the GM ANZ Engineering Operations Enterprise Agreement 2024. The dispute centred on the conditions of employment for employees within the engineering operations sector, including matters such as wages, hours of work, and other terms and conditions. The Commission was tasked with determining whether the agreement was appropriate for the employees and whether it complied with the relevant legislative framework.

The central legal issues that the Commission needed to resolve included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement met the requirement for genuine agreement, as evidenced by the process through which it was negotiated and agreed upon.

In delivering its decision, the Commission examined the terms of the agreement in detail, taking into account submissions from both General Motors Australia Pty Ltd and the employees' representatives. The Commission considered the fairness of the agreement's provisions, the process by which it was negotiated, and its compliance with the Fair Work Act. After thorough deliberation, the Commission found that the agreement was fair and reasonable, met the requirements for genuine agreement, and was in the best interests of the employees. Consequently, the Commission approved the GM ANZ Engineering Operations Enterprise Agreement 2024.

The Fair Work Commission's decision affirmed the approval of the GM ANZ Engineering Operations Enterprise Agreement 2024, recognising it as a fair and reasonable agreement for the employees involved. This outcome ensures that the agreement will govern the terms and conditions of employment for the specified period, subject to the provisions of the Fair Work Act and any other relevant legislation.

General Motors Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established