Genuine Parts Company (Asia Pacific) Pty Ltd T/A McLeod Accessories

[2014] FWCA 5146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Genuine Parts Company (Asia Pacific) Pty Ltd T/A McLeod Accessories
(AG2014/1895)

MCLEOD ACCESSORIES PTY LTD - DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014 - 2016

Vehicle industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 JULY 2014

Application for approval of the McLeod Accessories Pty Ltd - Distribution Centre Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the McLeod Accessories Pty Ltd - Distribution Centre Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Genuine Parts Company (Asia Pacific) Pty Ltd T/A McLeod Accessories. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Genuine Parts Company (Asia Pacific) Pty Ltd T/A McLeod Accessories sought approval for the McLeod Accessories Pty Ltd - Distribution Centre Enterprise Agreement 2014 - 2016 from the Fair Work Commission. The application was contested by the National Tertiary Education Union, acting as the certified bargaining agent for certain employees. The dispute centred on the fairness and compliance of the proposed agreement with relevant industrial laws.

The primary legal issues before the court were whether the agreement was genuinely negotiated, if it contained the necessary minimum terms and conditions, and if it complied with the relevant provisions of the Fair Work Act 2009. A secondary issue was whether the agreement met the standard of being in the best interests of the employees it covered, particularly considering the financial health and future prospects of the employer.

The court found that the agreement had been genuinely negotiated between the parties and contained all the required minimum terms and conditions. It also determined that the agreement met the standard of being in the best interests of the employees, taking into account the financial circumstances of the employer and the provisions of the agreement. Consequently, the court approved the application for the agreement.

The final order was that the McLeod Accessories Pty Ltd - Distribution Centre Enterprise Agreement 2014 - 2016 be approved and registered by the Fair Work Commission, effective from the date of the decision. This approval ensures that the terms of the agreement will apply to the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established