DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GM Holden Australia Ltd T/A Holden
(AG2019/1812)

GM AUSTRALIA ENGINEERING OPERATIONS ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 21 AUGUST 2019

Application for approval of the GM Australia Engineering Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GM Australia Engineering Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GM Holden Australia Ltd T/A Holden. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54, will operate from 28 August 2019. The nominal expiry date of the Agreement is 14 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, GM Holden Australia Ltd, trading as Holden, sought approval for the GM Australia Engineering Operations Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on whether the agreement met the necessary requirements for endorsement under the Fair Work Act 2009. The Fair Work Commission, presided over by Deputy President K Ryan, was tasked with determining if the agreement was in the interests of employees and whether it contained all the mandatory terms and conditions as required by the Act.

The primary legal issues the court had to address were whether the agreement provided fair and reasonable terms for the employees, and if it was free from any provisions that might be considered unfair or unreasonable. Additionally, the court needed to confirm that the agreement contained all the mandatory terms and conditions stipulated by the Fair Work Act 2009. The court examined the process followed by the parties in negotiating the agreement, the fairness of the terms and conditions, and the compliance with statutory obligations.

The Fair Work Commission found that the agreement was fair and reasonable for the employees, and it included all the mandatory terms and conditions as required by the Fair Work Act 2009. The court was satisfied with the negotiation process and the terms of the agreement. Consequently, the application for the approval of the GM Australia Engineering Operations Enterprise Agreement 2018 was successful. The court endorsed the agreement, recognising its compliance with the statutory requirements and its fairness to the employees involved.

The final orders of the court were that the GM Australia Engineering Operations Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published on the Fair Work Commission's website, ensuring transparency and accessibility for all relevant parties.

GM Holden Australia Ltd T/A Holden

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established