GM Holden Ltd

[2014] FWCA 7934

[2014] FWCA 7934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GM Holden Ltd
(AG2014/9734)

GM HOLDEN LTD ENTERPRISE AGREEMENT 2014

Vehicle industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 NOVEMBER 2014

Application for approval of the GM Holden Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GM Holden Ltd Enterprise Agreement 2014 (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 Ltd. The agreement is a single-enterprise agreement.

[2] In correspondence attached to the application filed on and dated 30 October 2014 GM Holden Ltd has noted that the Agreement as filed and voted on by employees contains two typographical errors as follows:

(i) “The word ‘(Victoria)’ has been inserted in error under item 2.2.17 in the table on page 21 of the Agreement and should be deleted”. In Attachment F to the Statutory Declaration of Mr A Winnett, as contained in the application, GM Holden Ltd indicates that the “Electrical Licensing Allowance in clause 2.2.17 applies to all States”; and

(ii) “Pages 226 and 277 [sic should read 226] of the Agreement should be deleted as they relate to the signatories of the Holden Enterprise Agreement 2011 and are not applicable to the Agreement”.

[3] The Agreement is approved on the basis that the above typographical errors will be noted and will not form part of the Agreement.

[4] In my view, the Operational Matters, Occupational Health & Safety (OH&S) and Consultation provision in clause 10 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[5] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[6] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

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

[8] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[9] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, the National Union of Workers, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union 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 those organisations.

[10] The Agreement is approved and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 17 August 2018.

SENIOR DEPUTY PRESIDENT

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Annexure A