DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Pty Ltd
(AG2016/379)

GILBARCO AUSTRALIA PTY LTD TASMANIAN BRANCH ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 4 APRIL 2016

Application for approval of the Gilbarco Australia Pty Ltd Tasmanian Branch Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd Tasmanian Branch Enterprise Agreement 2015 (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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gilbarco Australia Pty Ltd sought approval for its Tasmanian Branch Enterprise Agreement 2015. The dispute arose when the Fair Work Commission (FWC) was asked to determine if the agreement met the requirements of the Fair Work Act 2009. The FWC was required to examine whether the agreement complied with the procedural and substantive fairness requirements, and if it appropriately balanced the interests of both employers and employees.

The key legal issues the FWC considered included whether the agreement was genuinely negotiated, if it contained necessary provisions for employee protection, and if it adhered to the relevant legislative standards. The FWC also needed to assess if the agreement was made in good faith and whether it included adequate mechanisms for dispute resolution. The central issue was whether the agreement, as proposed, appropriately reflected a fair and equitable resolution of the terms and conditions of employment for the employees involved.

The FWC found that the agreement was genuinely negotiated and contained the necessary provisions for employee protection. The FWC determined that the agreement met the requirements of procedural and substantive fairness, and that it balanced the interests of both parties adequately. The FWC concluded that the agreement was made in good faith and included sufficient mechanisms for dispute resolution. Consequently, the FWC approved the Tasmanian Branch Enterprise Agreement 2015.

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