GPC Asia Pacific Pty Ltd T/A GPC Asia Pacific

[2021] FWCA 6130

[2021] FWCA 6130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd T/A GPC Asia Pacific

(AG2021/7518)

GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2021-2025

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 OCTOBER 2021

Application for approval of the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2021-2025.

1. GPC Asia Pacific Pty Ltd T/A GPC Asia Pacific (the Applicant) has made an application for approval of an enterprise agreement known as the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 29 September 2021.

1. On 29 September 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought further information and lodgement of additional material with respect to agreement pre-approval requirements including lodgement emails sent to employees and vote notification details.

·  Clause 15 with respect to annual leave and clause 19 with respect to redundancy pay were inconsistent with the National Employment Standards (NES).

·  Chambers sought clarification as to the Agreement’s relationship with the Vehicle Repair, Services and Retail Award 2020.

1. The Applicant has submitted an undertaking in the required form dated 1 October 2021. The undertaking deals with the following topics:

·   The Applicant has inserted a National Employment Standards (NES) precedence clause.

·   The Applicant has given an undertaking that the Agreement shall be read and interpreted wholly in conjunction with the “Vehicle Repair, Services and Retail Award 2020”.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. 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 it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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