GPC Asia Pacific Pty Ltd
[2024] FWCA 2651
•19 JULY 2024
| [2024] FWCA 2651 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GPC Asia Pacific Pty Ltd
(AG2024/2418)
GPC ASIA PACIFIC PERTH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2024-2027
| Vehicle industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 19 JULY 2024 |
Application for approval of the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2024-2027 (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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 April 2024 and the Agreement was made on 18 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Shop, Distributive and Allied Employees Association (the SDAEA), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
During the assessment process a concern was identified regarding the rate of pay for trainees. I raised this with the Applicant and the Applicant advises that it does not employ any trainees and that it is not reasonably foreseeable that any trainees will be engaged during the life of the Agreement. As such, I am satisfied that this concern is resolved.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Shop, Distributive and Allied Employees Association (the SDAEA), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the SDAEA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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