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

Annexure A

CaseChat Overview and Summary

The applicant, General Motors Holden Australia NSC Ltd trading as Holden, applied to the Fair Work Commission for approval of the GM Holden Warehousing Operations Enterprise Agreement 2018. The application concerned the warehousing operations within Holden's operations in Australia. The dispute arose from the need to formalise the terms and conditions under which employees in the warehousing sector would operate. The Fair Work Commission was the body tasked with examining and approving the proposed agreement, ensuring it complied with the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act. This included verifying if the agreement was made in good faith and if it contained the necessary minimum terms and conditions. Additionally, the Commission had to ensure the agreement did not disadvantage employees in a way that was not in their best interests. The applicant argued that the agreement was fair and equitable, and it included provisions that were necessary for the efficient operation of the warehousing facilities.

The Commission found that the proposed agreement was made in good faith and contained all the minimum terms and conditions required by the Fair Work Act. It also determined that the agreement did not disadvantage employees and was in their best interests. The Commission was satisfied that the agreement was fair and equitable, and it approved the GM Holden Warehousing Operations Enterprise Agreement 2018. The Commission noted that the agreement included provisions for wages, hours of work, leave, and other employment conditions that were consistent with industry standards and practices.

General Motors Holden Australia NSC Ltd T/A Holden

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established