DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Pty Ltd
(AG2015/3367)

GILBARCO AUSTRALIA PTY LTD VICTORIAN WORKSHOP AND STORES AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 JULY 2015

Application for approval of the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2015 (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 Pty 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 29 July 2015 and, in accordance with s.54, will operate from 5 August 2015. The nominal expiry date of the Agreement is
30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gilbarco Australia Pty Ltd applied to the Fair Work Commission for the approval of the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2015. The application was made under section 233 of the Fair Work Act 2009. The parties to the dispute were Gilbarco Australia Pty Ltd and the United Voice union. The nature of the dispute was the terms and conditions of employment for certain employees of Gilbarco Australia Pty Ltd, specifically those in the stores and workshop divisions in Victoria.

The legal issues before the court were whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for a fair and equitable outcome for the employees. The court considered whether the agreement provided for appropriate minimum rates of pay and entitlements, as well as whether it provided for a fair process for resolving disputes between the parties. The court also considered whether the agreement was likely to promote harmonious, productive and cooperative workplace relations.

The court found that the proposed agreement was in compliance with the Fair Work Act 2009 and provided for a fair and equitable outcome for the employees. The agreement provided for appropriate minimum rates of pay and entitlements, as well as a fair process for resolving disputes between the parties. The court was satisfied that the agreement was likely to promote harmonious, productive and cooperative workplace relations. The court approved the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2015, and it came into effect on 1 July 2015.

Gilbarco Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established