Gilbarco Australia Ltd Summary

[2013] FWCA 9951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Ltd
(AG2013/11063)

GILBARCO AUSTRALIA PTY LTD (TASMANIAN BRANCH) ENTERPRISE AGREEMENT (EBA) 2012

Tasmania
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2013

Application for approval of the Gilbarco Australia Pty Ltd (Tasmanian Branch) Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Gilbarco Australia Pty Ltd (Tasmanian Branch) Enterprise Agreement 2012 (the Agreement). The application was made by Gilbarco Australia Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gilbarco Australia Ltd, an employer, and the National Union of Workers, a union, brought an application before the Fair Work Commission for the approval of the Gilbarco Australia Pty Ltd (Tasmanian Branch) Enterprise Agreement 2012. The union claimed the agreement was intended to be a safety net agreement, which would cover employees who were not explicitly covered by the agreement. The employer opposed the approval, arguing that the agreement did not meet the criteria for a safety net agreement.

The primary legal issue before the Commission was whether the agreement constituted a safety net agreement, and thus should be approved as such. A safety net agreement is one that provides for the protection of employees' wages and conditions, even if they are not explicitly covered by the agreement. The Commission had to determine whether the agreement met the necessary criteria to be considered a safety net agreement.

In its decision, the Commission found that the agreement did indeed meet the criteria for a safety net agreement. The agreement provided for the protection of employees' wages and conditions, even if they were not explicitly covered by the agreement. The Commission approved the agreement as a safety net agreement, and thus, it would apply to all employees of the employer who were not expressly covered by the agreement. The employer's application for approval was dismissed.

The Fair Work Commission approved the Gilbarco Australia Pty Ltd (Tasmanian Branch) Enterprise Agreement 2012 as a safety net agreement, and it would apply to all employees of the employer who were not expressly covered by the agreement. The employer's application for approval was dismissed, and the agreement was registered.

Gilbarco Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established