DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Ltd T/A Repco
(AG2017/3676)

GPC ASIA PACIFIC LIMITED QUEENSLAND DISTRIBUTION CENTRE CERTIFIED AGREEMENT 2017-2020

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 DECEMBER 2017

Application for approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Limited Queensland Distribution Centre Certified agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GPC Asia Pacific Ltd T/A Repco. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 December 2017 and, in accordance with s.54, will operate from 20 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GPC Asia Pacific Ltd, trading as Repco, applied to the Fair Work Commission for approval of the Queensland Distribution Centre Certified Agreement 2017-2020. The applicant, an automotive parts retailer, sought to have the agreement approved as a single-employer agreement. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement was not made in good faith and that it contained terms that were contrary to the Fair Work Act 2009. The Commission was required to determine whether the agreement had been made in good faith and whether it contained terms that were not consistent with the Act.

The Commission found that the agreement had been made in good faith and did not contain any terms that were contrary to the Act. The applicant had engaged in genuine and meaningful bargaining with the Union and had made reasonable efforts to reach an agreement. The Commission rejected the Union's argument that the agreement was not in good faith because the applicant had not made an offer to the Union before the bargaining period began. The Commission held that there was no requirement for an employer to make an offer before the bargaining period began and that the applicant's conduct did not amount to bad faith bargaining.

The Commission also found that the agreement did not contain any terms that were contrary to the Act. The Union had argued that certain terms of the agreement, including a requirement for employees to work overtime and a reduction in the number of employees entitled to shift loadings, were contrary to the Act. However, the Commission held that these terms were not inconsistent with the Act and did not undermine the agreement's purpose of providing for the fair and equitable treatment of employees.

The Commission approved the Queensland Distribution Centre Certified Agreement 2017-2020 as a single-employer agreement. The applicant was required to provide a copy of the approved agreement to the Registrar of the Fair Work Commission and to take all necessary steps to give effect to the agreement. The Union's application for costs was dismissed.

GPC Asia Pacific Ltd T/A Repco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established