DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GM Holden T/A Holden
(AG2018/3643)

GM HOLDEN LTD - VICTORIAN SQA EMPLOYEES ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2018

Application for approval of the GM Holden Ltd - Victorian SQA Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GM Holden Ltd - Victorian SQA Employees 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 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 as are relevant to this application for approval have been met.

[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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, GM Holden Limited, sought approval of the GM Holden Ltd - Victorian SQA Employees Enterprise Agreement 2018. The respondent, the Australian Manufacturing Workers Union, contested the application. The primary dispute centred on various provisions within the agreement, including those concerning the classification of employees, shift patterns, and the management of work-related injuries.

The court was tasked with determining whether the provisions of the agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. Key issues included whether the agreement unfairly disadvantaged employees, whether it provided adequate protections for employees, and whether it complied with the requirements for approval under the Act. The court also needed to consider whether the agreement met the standards of procedural fairness and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission carefully examined the provisions of the agreement and the evidence presented by both parties. The Commission found that several provisions did not meet the standards set by the Act, particularly those concerning the classification of employees and the management of work-related injuries. The Commission concluded that these provisions unfairly disadvantaged employees and did not comply with the principles of procedural fairness and good faith bargaining. Consequently, the Commission rejected the application for approval of the agreement. The Commission ordered that the agreement be returned to the parties for further negotiation and amendment, ensuring compliance with the Fair Work Act 2009.

GM Holden 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