DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd
(AG2021/6732)

GPC ASIA PACIFIC LIMITED QUEENSLAND DISTRIBUTION CENTRE CERTIFIED AGREEMENT 2021 - 2025

Vehicle industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 8 SEPTEMBER 2021

Application for approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2021-2025

[1] GPC Asia Pacific Pty Ltd applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Employer in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers this organisation.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 15 September 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved GPC Asia Pacific Pty Ltd, which applied for approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2021-2025. The Fair Work Commission was the tribunal that heard the application. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, fairly representing the interests of the employees, and if it complied with the relevant provisions of the Act.

The primary legal issues the Commission needed to address were whether the agreement had been genuinely agreed upon by the parties, if it was fairly representative of the employees' interests, and if it adhered to the legislative requirements outlined in the Act. The Commission also had to consider whether the agreement included provisions that were consistent with the national minimum terms and conditions as set out in the Fair Work Act.

In reaching its decision, the Commission examined the process through which the agreement was negotiated and concluded that it was a genuine enterprise agreement. The Commission found that the agreement adequately represented the employees' interests and was in compliance with the statutory requirements. It was noted that the agreement contained provisions that were consistent with the national minimum terms and conditions. Given these findings, the Commission approved the agreement.

The Fair Work Commission approved the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2021-2025, confirming that it met all necessary criteria under the Fair Work Act 2009.

GPC Asia Pacific Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established