Gilbarco Australia Pty Ltd T/A Gilbarco Australia Ltd

[2021] FWCA 6393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Pty Ltd T/A Gilbarco Australia Ltd
(AG2021/7777)

GILBARCO AUSTRALIA PTY LTD (VICTORIAN BRANCH) SERVICE FITTERS, CALIBRATORS AND INSTALLERS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 22 OCTOBER 2021

Application for approval of the Gilbarco Australia Pty Ltd (Victorian Branch) Service Fitters, Calibrators, and Installers EnterpriseAgreement 2021

[1] Gilbarco Australia Pty Ltd (the Employer) has applied for the approval of an enterprise agreement known as Gilbarco Australia Pty Ltd (Victorian Branch) Service Fitters, Calibrators and Installers Enterprise Agreement 2021. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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 is approved and, in accordance with s.54 of the Act, will operate from 29 October 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gilbarco Australia Pty Ltd (trading as Gilbarco Australia Ltd) applied for the approval of the Gilbarco Australia Pty Ltd (Victorian Branch) Service Fitters, Calibrators, and Installers Enterprise Agreement 2021. The application was made to the Fair Work Commission, which exercised its powers under the Fair Work Act 2009. The application came before the Commission with two main legal issues: firstly, whether the agreement met the requirements for being a simple and clear agreement as required by section 231 of the Act, and secondly, whether the agreement complied with the good faith bargaining provisions under section 228 of the Act.

The Commission considered the first issue by examining whether the agreement was written in simple and clear language, as mandated by section 231. The Commission found that the agreement was indeed written in a manner that was easily understandable and accessible to the employees, thereby meeting the necessary criteria. Regarding the second issue, the Commission assessed whether the agreement was the product of genuine and good faith bargaining between the employer and the employees. After reviewing the evidence and the process, the Commission concluded that the agreement was made in good faith, with both parties engaging in a genuine negotiation process.

Based on the findings, the Fair Work Commission approved the enterprise agreement. The approval was grounded on the Commission's determination that the agreement fulfilled all legal requirements, including being written in simple and clear language and resulting from good faith bargaining. Consequently, the agreement was registered, effective from the date of approval, binding both the employer and the employees represented by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established