DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GPC Asia Pacific Pty Ltd
(AG2020/1253)

GPC ASIA PACIFIC LIMITED QUEENSLAND DISTRIBUTION CENTRE CERTIFIED AGREEMENT 2020-2021

Vehicle industry
COMMISSIONER SPENCER	BRISBANE, 21 MAY 2020

Application for approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2020-2021 (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] Mr Paul Richardson, Director of the United Workers Union (UWU), lodged a Form F18 statutory declaration advising the Commission the UWU supported approval of the Agreement and giving notice under s.183 of the Act that the UWU wants the Agreement to cover it.

[3] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[5] The UWU, 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) of the Act I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, and pursuant to clause 1.5 of the Agreement, will operate from 1 July 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

GPC Asia Pacific Pty Ltd recently appeared before the Fair Work Commission to seek approval for the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2020-2021. The applicant, a logistics company, argued that the proposed agreement would provide for fair and reasonable terms and conditions of employment for its workers. The dispute centred on the specifics of the agreement, including wage rates, hours of work, and other employment conditions.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court had to consider whether the agreement was a genuine enterprise agreement, whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for registration. The court also had to determine whether the agreement met the ‘better off overall test’, ensuring that no employee would be worse off under the new agreement than under the previous agreement.

After careful consideration, the Fair Work Commission approved the agreement. The court found that the agreement was a genuine enterprise agreement and that it provided for fair and reasonable terms and conditions. The court also found that the agreement complied with the procedural requirements for registration and met the ‘better off overall test’. The court noted that the agreement provided for a fair balance between the needs of the employer and the rights and interests of the employees.

The court ordered that the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2020-2021 be approved and registered under the Fair Work Act 2009. The agreement will now apply to the employees covered by it, and the employer must comply with its terms. The employees and employer will be bound by the terms of the agreement until it is replaced by a new agreement or expires.

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