GPC Asia Pacific Pty Ltd

[2021] FWCA 6411

[2021] FWCA 6411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd
(AG2021/7780)

GPC ASIA PACIFIC PERTH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2021 - 2024

Vehicle industry
COMMISSIONER SIMPSON	BRISBANE, 26 OCTOBER 2021

Application for approval of the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2021-2024 (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] The application was required to be filed within 14 days after it was made on 23 September 2021 in accordance with s.185(3) of the Act. As it was not filed until 8 October 2021, it was filed one day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

[3] 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.

[4] 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.

[5] The Shop, Distributive and Allied Employees’ Association (SDA) lodged a Form F18 statutory declaration supporting approval of the Agreement and 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 that the Agreement covers the SDA.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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