GPC Asia Pacific Pty Ltd

[2023] FWCA 1962

[2023] FWCA 1962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd

(AG2023/1824)

GPC ASIA PACIFIC MELBOURNE DISTRIBUTION CENTRE CERTIFIED AGREEMENT 2023-2027

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2023

Application for approval of the GPC Asia Pacific Melbourne Distribution Centre Certified Agreement 2023-2027

1. An application has been made for approval of a greenfields agreement known as the GPC Asia Pacific Melbourne Distribution Centre Certified Agreement 2023-2027 (the Agreement). The application was made by GPC Asia Pacific Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers' Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the United Workers' Union and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2023. The nominal expiry date of the Agreement is 30 June 2027.

Variation

1. On 23 June 2023, the Applicant requested the Commission exercise its power pursuant to s.218A of the Fair Work Act 2009 (Cth) (FW Act) “to correct the site address as referenced at clauses 1.2, 3.1 and 10.1 of the Agreement, by amending references to '24 William Barak Drive, Broadmeadows, Victoria' to instead read '4 William Barak Boulevard, Broadmeadows, Victoria'.”

1. “The Applicant submits that this is an 'obvious error' of the kind contemplated by s.218A of the FW Act, as the address as currently drafted would result in the Agreement purporting to cover a location at which the Applicant has no site. In the event the Commission is minded to make the amendments sought”

1. Section 218A of the Act came into effect on 7 December 2022 following the enactment of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and is as follows:

“Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1)The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2)The FWC may vary an enterprise agreement under subsection (1):

(a)   on its own initiative; or

(b)   on application by any of the following:

(i)one or more of the employers covered by the agreement;

(ii)an employee covered by the agreement;

(iii)an employee organisation covered by the agreement.

(3)If the FWC varies an enterprise agreement under subsection (1), the

variation operates from the day specified in the decision to vary the      agreement.”

1. Considering s.218A(2)(b)(i) of the Act, the Fair Work Commission may vary an enterprise agreement on application by one or more of the employers covered by the agreement.

1. I am satisfied that the agreement should be varied to correct the site address as referenced at clauses 1.2, 3.1 and 10.1 of the Agreement, by amending references to '24 William Barak Drive, Broadmeadows, Victoria' to instead read '4 William Barak Boulevard, Broadmeadows, Victoria'.

1. There are no grounds of which I am aware which would tend against the exercise of my discretion to vary the Agreement and correct the error.

Order

1. I order[1], pursuant to s.218A of the Act, to correct the site address as referenced at clauses 1.2, 3.1 and 10.1 of the Agreement, by amending references to '24 William Barak Drive, Broadmeadows, Victoria' to instead read '4 William Barak Boulevard, Broadmeadows, Victoria'.”

1. The variation will operate from 7 July 2023.

COMMISSIONER

Annexure A

[1]PR763782.

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<AE520561  PR763755>