DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Pty Ltd
(AG2015/4475)

GILBARCO AUSTRALIA PTY LTD (VICTORIAN BRANCH) SERVICE FITTERS, CALIBRATORS AND INSTALLERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Gilbarco Australia Pty Ltd (Victorian Branch) Service Fitters, Calibrators and Installers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd (Victorian Branch) Service Fitters, Calibrators and Installers 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. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 3 September 2015 and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Gilbarco Australia Pty Ltd for approval of the Enterprise Agreement between the company and its employees. The employees in question were service fitters, calibrators and installers, working under the Victorian Branch of the company. The application for approval was contested by the Australian Manufacturing Workers' Union, which represented some of the employees. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it contained the necessary provisions to be deemed a lawful and appropriate enterprise agreement.

The primary legal issues the Commission had to address included whether the agreement was genuinely negotiated, if it included the mandated minimum terms and conditions, and whether it adhered to procedural fairness. The Commission had to determine whether the agreement provided for proper representation of the employees, whether the negotiation process was free from coercion or undue influence, and whether the agreement satisfied the procedural fairness requirements. Additionally, the Commission examined if the agreement contained the minimum terms and conditions as stipulated by the Fair Work Act and if it complied with the statutory requirements for enterprise agreements.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements under the Fair Work Act. The Commission was satisfied with the negotiation process, which involved adequate representation of the employees and no evidence of coercion or undue influence. The agreement was found to include all the mandated minimum terms and conditions, and it complied with the statutory requirements for enterprise agreements. The Commission also concluded that the agreement met the procedural fairness requirements and was an appropriate enterprise agreement under the Act.

As a result, the Fair Work Commission approved the Enterprise Agreement between Gilbarco Australia Pty Ltd and its employees, effective from the date specified in the agreement. The Australian Manufacturing Workers' Union's application to contest the approval was dismissed. The employees covered by the agreement would now be bound by its terms, including the minimum terms and conditions set out in the Fair Work Act.

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