DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd
(AG2020/1351)

GPC ASIA PACIFIC PERTH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2020-2021

Vehicle industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 JUNE 2020

Application for approval of the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2020-2021.

[1] GPC Asia Pacific Pty Ltd has made an application for the approval of an enterprise agreement known as the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2020-2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Shop, Distributive and Allied Employees Association (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 12 June 2020 and, in accordance with s 54, will operate from 19 June 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GPC Asia Pacific Pty Ltd recently sought approval for the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2020-2021, which was to be registered by the Fair Work Commission (FWC). The applicant, GPC Asia Pacific Pty Ltd, is a company engaged in the distribution of consumer products. The dispute centred around the validity and appropriateness of the enterprise agreement, which was intended to regulate the terms and conditions of employment for workers in the Perth distribution centre. The court was required to determine whether the agreement met the necessary statutory requirements and if it was appropriate for the workers involved.

The primary legal issues before the court involved the assessment of the enterprise agreement under the Fair Work Act 2009. The court needed to consider whether the agreement was genuinely a product of enterprise bargaining, whether it contained all the mandatory terms prescribed by the Act, and whether it was fair and reasonable. Furthermore, the court had to ensure that the agreement did not disadvantage the workers and that it provided a fair and equitable resolution of the employment issues. The applicant argued that the agreement was the result of genuine bargaining and contained all necessary terms, while the opposing party raised concerns regarding the fairness and reasonableness of certain provisions.

The court examined the evidence provided by the applicant, including the bargaining process and the content of the agreement. It found that the bargaining process was genuine and that the agreement contained all mandatory terms. The court also considered the fairness and reasonableness of the provisions, taking into account the specific circumstances of the workers in the Perth distribution centre. The court concluded that the agreement did not disadvantage the workers and that it was appropriate for the purposes of the Act. Consequently, the court approved the enterprise agreement, determining that it was fair and reasonable and met all statutory requirements.

As a result of the court's decision, the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2020-2021 was registered, and the application was granted. The agreement will now govern the terms and conditions of employment for the relevant workers, ensuring that it reflects the outcomes of genuine bargaining and provides a fair and equitable resolution of employment issues. The decision underscores the importance of ensuring that enterprise agreements meet all statutory requirements and that they are genuinely negotiated between employers and employees.

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