Gilbarco Australia Pty Ltd Summary

[2018] FWCA 950

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Gilbarco Australia Pty Ltd

(AG2017/6205)

Gilbarco Australia Pty Ltd - NSW Service & Maintenance Agreement 2017

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 12 FEBRUARY 2018

Application for approval of the Gilbarco Australia Pty Ltd - NSW Service & Maintenance Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd – NSW Service & Maintenance 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 Applicant 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2018. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Gilbarco Australia Pty Ltd applied to the Fair Work Commission for approval of the Gilbarco Australia Pty Ltd - NSW Service & Maintenance Agreement 2017. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The primary respondents were the Electrical Trades Union of Australia, NSW Branch, and various employees covered by the agreement. The dispute centred on the terms of the proposed enterprise agreement, specifically those relating to employee conditions and classifications.

The court was required to determine whether the proposed agreement met the legal requirements for approval under the Fair Work Act. Key issues included whether the agreement complied with procedural requirements, such as proper bargaining and notice provisions, and whether it met the substantive requirements, including provisions for minimum entitlements and the avoidance of underpayment. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the application met the procedural requirements and that the agreement was fairly and reasonably negotiated. The court noted that the agreement included provisions for minimum wage rates, classification of employees, and other conditions of employment that were consistent with the Fair Work Act. The court approved the agreement, emphasising the importance of maintaining fair and reasonable terms for both employers and employees.

No further orders were made beyond the approval of the agreement. The decision confirmed that the proposed enterprise agreement complied with the necessary legal standards and was suitable for approval under the Fair Work Act.

Gilbarco Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established