DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gilbarco Australia Pty Ltd
(AG2020/2852)

GILBARCO AUSTRALIA PTY LTD VICTORIA WORKSHOP AND STORES AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 29 OCTOBER 2020

Application for approval of the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd Victoria Workshop and Stores Agreement 2020 (‘the Agreement’). The application was made by Gilbarco Australia Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

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 approval of the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2020. The application was made under section 234 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), who submitted that the agreement did not meet the requirements of section 232 of the Fair Work Act. The dispute centred on whether the agreement was a "single interest employer agreement" as defined in section 172 of the Fair Work Act, and whether it was made in good faith in accordance with section 228 of the Act.

The central legal issues before the Commission were whether the agreement was a single interest employer agreement and whether it was made in good faith. The Commission found that the agreement was a single interest employer agreement, as it related to employees who were employed in the vehicle manufacturing industry in Victoria. The Commission also found that the agreement was made in good faith, as it was negotiated in a manner consistent with the principles of enterprise bargaining. The Commission considered that the agreement was a genuine attempt by the parties to negotiate an agreement that would regulate the terms and conditions of employment of the employees covered by the agreement.

The Commission approved the agreement, finding that it met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a modern, flexible and efficient workplace, and that it would provide for a fair and reasonable outcome for both parties. The Commission also noted that the agreement provided for a process for resolving disputes, and that it contained provisions for the protection of employees' rights. The Commission was satisfied that the agreement was in the best interests of the employees covered by it. The AMWU's opposition to the agreement was dismissed.

The Commission approved the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2020. The AMWU's opposition to the agreement was dismissed. The parties were ordered to give each other written notice of the approval of the agreement within seven days of the date of the decision.

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