DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Ltd T/A Repco
(AG2016/7785)

GPC ASIA PACIFIC DISTRIBUTION CENTRE VICTORIA & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2016 (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, 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 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GPC Asia Pacific Limited, trading as Repco, sought approval for the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2016 from the Fair Work Commission. The National Union of Workers contested the application, arguing that the agreement was not in the best interests of the employees. The matter was heard in the Fair Work Commission, with the decision being made by Deputy President M Byrne.

The central legal issue before the court was whether the collective agreement was in the best interests of the employees. This required consideration of the terms and conditions of the agreement, the views of the employees, and whether the agreement met the statutory requirements under the Fair Work Act 2009. The court needed to determine if the agreement was fair, reasonable, and beneficial to the employees, as well as whether it complied with the relevant statutory provisions.

In delivering the decision, Deputy President Byrne noted that the agreement provided for significant improvements in wages and conditions for the employees, and that the majority of employees had endorsed the agreement. The court found that the agreement was fair and reasonable, and met the statutory requirements under the Act. The Deputy President concluded that the agreement was in the best interests of the employees, and approved the application for registration of the agreement. Consequently, the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2016 was registered by the Fair Work Commission.

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