DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Pty Ltd
(AG2018/6398)

GILBARCO AUSTRALIA PTY LTD HEAD OFFICE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 APRIL 2019

Application for approval of the Gilbarco Australia Pty Ltd Head Office Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd Head Office Enterprise Agreement 2018 (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 Employer 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union, 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 organisations.

[5] The Agreement was approved on 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gilbarco Australia Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of the Gilbarco Australia Pty Ltd Head Office Enterprise Agreement 2018. The agreement in question was negotiated between the company and the relevant trade union, and the company argued that it met the requirements of the Fair Work Act 2009 for approval. The union supported the application, while an objector contested the agreement on several grounds.

The primary legal issues before the Commission were whether the agreement was a bona fide enterprise agreement, if it had been genuinely negotiated, if it contained the necessary minimum terms, and if it passed the "better off overall test" as required by the Fair Work Act. The objector raised concerns about specific clauses within the agreement, including provisions relating to redundancy and the definition of "employee."

The Commission carefully considered the arguments presented by both sides. It found that the agreement was indeed a bona fide enterprise agreement and had been genuinely negotiated. The Commission noted that the objector had failed to provide sufficient evidence to rebut the presumption of genuineness. Regarding the minimum terms, the Commission determined that the agreement contained all the necessary provisions. Finally, the Commission concluded that the agreement passed the "better off overall test," as it provided employees with a balance of benefits and detriments that was at least as good as the applicable award or registered agreement. Therefore, the Commission approved the Gilbarco Australia Pty Ltd Head Office Enterprise Agreement 2018.

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