GPC Asia Pacific Pty Ltd

[2013] FWCA 8213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GPC Asia Pacific Pty Ltd
(AG2013/9635)

GPC ASIA PACIFIC PTY LTD - INGLEBURN DC - ENTERPRISE AGREEMENT 2013 - 2016

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 21 OCTOBER 2013

Application for approval of the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known asthe GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2013 - 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 Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The National Union of Workers (New South Wales Branch) (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GPC Asia Pacific Pty Ltd, a party involved in an industrial dispute, applied for the approval of the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2013-2016. This application was made to the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia. The dispute centred around the proposed terms and conditions outlined in the agreement, which both the employer and the employees' representatives needed to scrutinise and validate under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission had to resolve included whether the agreement met the statutory requirements for approval, specifically focusing on the provisions related to wages, hours of work, and other conditions of employment. The Commission also needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, ensuring it did not unfairly disadvantage any party. Additionally, the Commission examined if the agreement had been negotiated in good faith and if it complied with the procedural requirements set out in the Fair Work Act.

After carefully reviewing the application and the evidence presented by both parties, the Fair Work Commission determined that the proposed enterprise agreement was compliant with the legislative requirements. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees and had been negotiated in good faith. Consequently, the Commission approved the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2013-2016, affirming its validity and enforceability. This approval marked the resolution of the industrial dispute, providing a clear framework for the terms of employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established