DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Ltd
(AG2016/726)

GILBARCO AUSTRALIA PTY LTD HEAD OFFICE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 MAY 2016

Application for approval of the Gilbarco Australia Pty Ltd Head Office Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd Head Office Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gilbarco Australia Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australia Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Gilbarco Australia Ltd applied for the approval of the Gilbarco Australia Pty Ltd Head Office Enterprise Agreement 2016. The Fair Work Commission was the forum for the application. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, including aspects such as wages, working hours, leave provisions, and other employment-related matters. The crux of the application was to determine whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved ensuring that the agreement provided for a fair and efficient workplace, that it adhered to the principles of the Fair Work Act, and that it appropriately balanced the interests of both the employer and the employees. Key considerations included whether the agreement was genuinely negotiated, if it complied with the provisions of the Act, and whether it met the "better off overall test." The Commission had to ascertain if the proposed terms and conditions were fair and reasonable in the context of the existing industrial relations environment.

The Commission found that the agreement generally met the necessary criteria for approval. It was satisfied that the agreement had been genuinely negotiated and provided for fair and efficient terms and conditions. The Commission concluded that the proposed changes would not undermine the existing conditions of employment and were in line with the principles of the Fair Work Act. The Commission approved the agreement, noting that it was likely to result in employees being better off overall. The decision highlighted the importance of balancing the interests of both parties and ensuring that the agreement was fair and reasonable in the context of the broader industrial relations framework.

The final orders of the Commission included the approval of the Gilbarco Australia Pty Ltd Head Office Enterprise Agreement 2016, subject to the terms and conditions outlined in the decision. The approval was contingent on compliance with the requirements of the Fair Work Act and the maintenance of fair and efficient workplace relations.

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