DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Ltd T/A Repco
(AG2016/4328)

GPC ASIA PACIFIC LIMITED QUEENSLAND DISTRIBUTION CENTRE CERTIFIED AGREEMENT 2016-2017

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2016-2017 (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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, GPC Asia Pacific Ltd, trading as Repco, applied to the Fair Work Commission for the approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2016-2017. The respondent, the Retail and Fast Food Workers Union of Australia, objected to the application. The dispute involved the terms and conditions of employment for workers at the Queensland distribution centre, specifically whether the proposed certified agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the procedural and substantive requirements set out in the legislation.

The primary legal issue before the Commission was whether the application for approval of the certified agreement was made in accordance with the statutory provisions and whether the agreement itself met the necessary standards for being a lawful and fair workplace instrument. The Commission had to consider the procedural validity of the application, including whether proper notice was given and whether the agreement was genuinely certified by a majority of the eligible employees. Additionally, the Commission needed to assess whether the agreement contained mandatory terms that complied with the Fair Work Act and whether it unfairly disadvantaged any employee.

In making its decision, the Fair Work Commission reviewed the evidence and submissions from both parties. The Commission confirmed that the application process was procedurally sound, with proper notice and genuine certification by the employees. The Commission also found that the certified agreement contained all the mandatory terms required by the Fair Work Act and did not unfairly disadvantage any employee. Consequently, the Commission approved the application, finding that the agreement was a lawful and fair workplace instrument.

The Fair Work Commission approved the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2016-2017, confirming its compliance with the necessary statutory requirements. This decision ensures that the terms and conditions of employment for workers at the Queensland distribution centre are governed by an agreement that meets the legal standards for fairness and procedural integrity.

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