DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Pty Ltd
(AG2021/4572)

GILBARCO AUSTRALIA PTY LTD - NSW SERVICE & PROGRAM MAINTENANCE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 APRIL 2021

Application for approval of the Gilbarco Australia Pty Ltd - NSW Service & Program Maintenance Agreement 2021.

[1] Gilbarco Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Gilbarco Australia Pty Ltd - NSW Service & Program Maintenance Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Gilbarco Australia Pty Ltd sought to correct a typographical error in the original application, which was not opposed. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586(a) of the Act.

[4] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[5] On the basis of the material contained in the application and related materials, 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.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 27 April 2021 and, in accordance with s.54, will operate from 4 May 2021. The nominal expiry date of the Agreement is 1 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gilbarco Australia Pty Ltd, a company involved in the distribution of fuel management systems, applied to the Federal Circuit and Family Court of Australia for the approval of their New South Wales Service and Program Maintenance Agreement 2021. The application was brought under the Franchising Code of Conduct, seeking affirmation that the agreement complied with the legislative requirements. The dispute involved the terms of the maintenance agreement and whether they were consistent with the provisions of the Franchising Code.

The primary legal issue before the court was whether the proposed maintenance agreement conformed to the statutory requirements. The court needed to determine if the agreement was fair, just, and reasonable, and if it contained all the prescribed terms as mandated by the Franchising Code of Conduct. Additionally, the court had to consider if the agreement allowed for reasonable access to the franchisor's training, marketing, and operational support services.

The court examined the agreement in detail, focusing on the obligations and rights of both parties. It assessed whether the terms were consistent with the statutory requirements, ensuring that the agreement did not disadvantage the franchisee unfairly. After thorough deliberation, the court found that the agreement complied with the Franchising Code of Conduct and approved the maintenance agreement. The court's decision was based on the agreement's alignment with the legislative provisions, ensuring fair and reasonable terms for both parties involved.

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