DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Pty Ltd
(AG2015/3182)

GILBARCO AUSTRALIA PTY LTD (HEAD OFFICE) CERTIFIED AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 24 JULY 2015

Application for approval of the Gilbarco Australia Pty Ltd (Head Office) Certified Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd (Head Office) Certified Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 23 July 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 31 July 2015. The nominal expiry date of the Agreement is 27 February 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gilbarco Australia Pty Ltd applied to the Fair Work Commission for the approval of a certified agreement between the company and its employees. The application was made under the Fair Work Act 2009, which mandates that certain agreements must be approved by the Commission to be legally enforceable. The Commission was required to determine if the agreement complied with the provisions of the Act, including the fair work provisions.

The key legal issues for the Commission to decide were whether the agreement met the requirements for individual and small business enterprise agreements, and whether it contained the mandatory terms and conditions as set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement provided for a maximum weekly hours of work, minimum rates of pay, leave entitlements, and other conditions that were not less favourable than the applicable award or safety net award. The Commission also needed to consider if the agreement had been genuinely negotiated and not coerced, and if it was in the best interests of the employees.

After reviewing the application and the supporting materials, the Commission found that the agreement met all the necessary legal requirements. The agreement contained the mandatory terms and conditions and provided for fair and reasonable working conditions for the employees. The Commission was satisfied that the agreement was genuinely negotiated and not the result of any undue influence or pressure. The Commission concluded that the agreement was in the best interests of the employees, and approved the application for the agreement to be registered as a certified agreement. The approval ensures that the agreement is legally enforceable, and both the company and the employees are bound by its terms.

The Commission ordered that the Gilbarco Australia Pty Ltd (Head Office) Certified Agreement 2015 be approved and registered under the Fair Work Act. The approved agreement will now serve as the governing document for the employment conditions of the company's employees, providing certainty and clarity for both parties. This decision provides a clear example of how the Fair Work Commission assesses and approves certified agreements, ensuring that they comply with the relevant legislative requirements.

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