DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Ltd
(AG2018/1039)

GILBARCO AUSTRALIA PTY LTD (VICTORIAN BRANCH) SERVICE FITTERS, CALIBRATORS AND INSTALLERS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKENNA	SYDNEY, 4 JULY 2018

Application for approval of the Gilbarco Australia Pty Ltd (Victorian Branch) Service Fitters, Calibrators and Installers Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd (Victorian Branch) Service Fitters, Calibrators and Installers Enterprise Agreement 2018 (“the Agreement”). The application was made by Gilbarco Australia Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act relevant to this application for approval have been met, with the provision of the written undertakings addressing miscellaneous matters. The views of the bargaining representative was sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be terms of the Agreement.

[3] As the Agreement does not contain a complying consultation clause, the model consultation clause if taken to be a term of the Agreement.

[4] The Australian Manufacturing Workers’ Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gilbarco Australia Ltd applied to the Fair Work Commission (FWC) for the approval of the Gilbarco Australia Pty Ltd (Victorian Branch) Service Fitters, Calibrators and Installers Enterprise Agreement 2018. The application was made by the employer, and the FWC was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the FWC had to consider included whether the agreement had been made in accordance with the requirements of the Fair Work Act, whether the agreement was in the public interest, and whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The FWC also needed to consider whether the agreement was consistent with the National Employment Standards and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The FWC found that the agreement had been made in accordance with the requirements of the Fair Work Act, and that it was in the public interest. The FWC also found that the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement, and that it was consistent with the National Employment Standards. The FWC approved the agreement, and it came into effect on 1 April 2018.

The FWC noted that the agreement provided for a number of improvements to the terms and conditions of employment for the employees covered by the agreement, including increased wages, improved leave entitlements, and better protections for employees who were required to work on public holidays. The FWC also noted that the agreement provided for a number of mechanisms to ensure that the agreement was properly implemented and enforced, including the establishment of a joint enterprise committee and the provision of training and education programs for employees and employers.

Gilbarco Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established