GPC Asia Pacific Pty Ltd

[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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CaseChat Overview and Summary

The case before the Fair Work Commission involved GPC Asia Pacific Pty Ltd, who sought approval for the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2021-2024. The primary dispute centred around the terms and conditions of employment proposed in the agreement, including pay rates, hours of work, and various employment benefits. The Commission was tasked with assessing whether the proposed agreement met the legal standards set out in the Fair Work Act 2009, particularly focusing on the agreement's fairness and compliance with the "better off overall test".

The legal issues before the Commission involved determining whether the proposed agreement was a "single, clear and complete" agreement as required by the Fair Work Act. Furthermore, the Commission had to consider whether the agreement satisfied the "better off overall test", which requires that employees be no worse off and at least some employees be better off financially under the proposed agreement compared to their current conditions. The Commission also needed to ensure the agreement complied with minimum entitlements and standards prescribed under the relevant industrial instruments.

In its decision, the Fair Work Commission noted that the proposed agreement was comprehensive and addressed all necessary aspects of employment conditions. The Commission found that the agreement provided for fair compensation and benefits, ensuring that employees would be no worse off and that some would indeed be better off. The Commission was satisfied that the agreement complied with all statutory requirements and met the "better off overall test". As such, the Commission approved the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2021-2024, affirming its compliance with the Fair Work Act and its alignment with the principles of fairness and minimum standards for employee conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established