Gilbarco Australia Pty Ltd

[2018] FWCA 5586

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Gilbarco Australia Pty Ltd

(AG2018/2542)

Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2017

Manufacturing and associated industries
Commissioner WILSON	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd Victorian Workshop and Stores Agreement 2017 (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.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from 12 September 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gilbarco Australia Pty Ltd sought approval of a new enterprise agreement from the Fair Work Commission, which was contested by the Transport Workers Union of Australia. The dispute centred around the terms of the proposed agreement and its implications for employees. The Commission was tasked with determining whether the agreement met the legal requirements for approval, including whether it was a bona fide enterprise agreement, whether it provided for the proper bargaining of terms and conditions, and whether it complied with the Fair Work Act.

The Transport Workers Union argued that the agreement failed to adequately address several issues, including redundancy payments, shift loadings, and overtime. They contended that the agreement did not provide for the proper bargaining of terms and conditions as required by the Fair Work Act, as it did not sufficiently protect employees' entitlements. Gilbarco, on the other hand, argued that the agreement was a bona fide enterprise agreement that met all the legal requirements for approval. They submitted that the agreement provided for the proper bargaining of terms and conditions and that it was in the best interests of the employees.

The Fair Work Commission found that the agreement was a bona fide enterprise agreement and that it met all the legal requirements for approval. The Commission rejected the union's contention that the agreement failed to adequately address several issues, finding that the agreement provided for appropriate redundancy payments, shift loadings, and overtime. The Commission was satisfied that the agreement provided for the proper bargaining of terms and conditions and that it was in the best interests of the employees.

Gilbarco Australia Pty Ltd's application for approval of the Victorian Workshop and Stores Agreement 2017 was approved by the Fair Work Commission. The Commission found that the agreement was a bona fide enterprise agreement, provided for the proper bargaining of terms and conditions, and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established