GPC Asia Pacific Pty Ltd

[2019] FWCA 6554

[2019] FWCA 6554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd
(AG2019/2801)

GPC ASIA PACIFIC DISTRIBUTION CENTRE VICTORIA & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2019

Vehicle industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 SEPTEMBER 2019

Application for approval of the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2019.

[1] GPC Asia Pacific Pty Ltd has applied for approval of a single enterprise agreement known as the GPC Asia Pacific Distribution Centre Victoria & National Union of Workers Collective Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement passes the “better off overall” test and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors in the original application and Proposed Agreement, by filing an amended application and amended Agreement page. In the circumstances, I am satisfied that these corrections should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 5 of the Agreement, the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the amended application, amended Agreement page, further information provided on request of the Commission and the Undertakings, 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.

[7] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement was approved on 20 September 2019 and, in accordance with s.54, will operate from 27 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Annexure A