Gilbarco Australia Pty Ltd
[2025] FWCA 889
•12 MARCH 2025
| [2025] FWCA 889 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Gilbarco Australia Pty Ltd
(AG2025/428)
GILBARCO AUSTRALIA PTY LTD - SERVICE AND INSTALL ENTERPRISE AGREEMENT, 2025
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 12 MARCH 2025 |
Application for approval of the Gilbarco Australia Pty Ltd - Service and Install Enterprise Agreement, 2025
Introduction
Gilbarco Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd - Service and Install Enterprise Agreement, 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 August 2024 and the Agreement was made on 11 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Notice of Employee Representational Rights (NERR)
The NERR which was issued to employees on 19 August 2024 was in the form applicable to agreements where bargaining commenced prior to 6 June 2023. The Employer provided submissions that this matter constituted a minor technical error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
National Employment Standards (NES) Precedence Term
Clause 58.6 of the Agreement states that an employee who is on leave without pay on the working days immediately before and after a public holiday will not be paid for the public holiday. To the extent that this clause may operate to disentitle an employee from public holiday pay where an employee has ordinary hours of work on the public holiday, this clause may be inconsistent with s.116 of the Act and accordingly may represent an inconsistency with the NES. I note that in accordance with the NES precedence term in Clause 5.3 of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Section 186, 187, and 188
Having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU), 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 AMWU and the AWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2025. The nominal expiry date of the Agreement is 31 December 2027.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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