General Motors Holden Australia NSC Ltd T/A Holden

[2019] FWCA 4247

[2019] FWCA 4247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

General Motors Holden Australia NSC Ltd T/A Holden
(AG2019/620)

GM HOLDEN WAREHOUSING OPERATIONS ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 JUNE 2019

Application for approval of the GM Holden Warehousing Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GM Holden Warehousing Operations Enterprise Agreement 2018 (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 Holden Australia NSC Ltd T/A Holden. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the National Union of Workers and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 14 November 2021.

Printed by authority of the Commonwealth Government Printer

<AE504000  PR709493>

Annexure A