GPC Asia Pacific Pty Ltd Summary

[2013] FWCA 7672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd
(AG2013/9616)

GPC ASIA PACIFIC DISTRIBUTION CENTRE VICTORIA & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 2 OCTOBER 2013

Application for approval of the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2013.

[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 2013 (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 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 was approved on 2 October 2013 and, in accordance with s.54, will operate from 9 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GPC Asia Pacific Pty Ltd applied to the Fair Work Commission for the approval of the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2013. The union, the National Union of Workers, argued that the agreement met all legal requirements for approval, while GPC Asia Pacific contended that certain provisions were not in the best interests of the employees. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislation and if it was appropriate for approval.

The central legal issues revolved around the compliance of the agreement with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to examine whether the agreement contained all the necessary elements as stipulated by the legislation, including the provision of minimum entitlements and the avoidance of undue restrictions on employees' rights. Additionally, the court needed to assess whether the agreement was made in good faith and whether it was in the best interests of the employees.

In reaching its decision, the Fair Work Commission considered the provisions of the agreement and the arguments presented by both parties. The commission found that the agreement included all the required elements and did not contain any provisions that unduly restricted employees' rights. The commission also determined that the agreement was made in good faith and was in the best interests of the employees. Based on these findings, the commission approved the agreement.

The Fair Work Commission approved the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2013, confirming its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. This decision ensures that the agreement is legally binding and enforceable between the parties.

GPC Asia Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established