GPC Asia Pacific Pty Ltd T/A GPC Asia Pacific Pty Ltd

[2023] FWCA 1385

[2023] FWCA 1385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd T/A GPC Asia Pacific Pty Ltd

(AG2023/1173)

GPC ASIA PACIFIC DOVETON VICTORIA & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 15 MAY 2023

Application for approval of the GPC Asia Pacific Doveton Victoria & United Workers Union Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Doveton Victoria & United Workers Union Enterprise Agreement 2023 (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 T/A GPC Asia Pacific Pty Ltd. The Agreement is a single enterprise agreement.

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

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is 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) I note that the Agreement covers the organisation.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 24.5.2 - Public Holidays;

·   Clause 34.2.2 - Personal Leave (Sick and Carers’ Leave) – Accrual of Personal Leave;

·   Clause 34.7.1 - Personal Leave (Sick and Carers’ Leave) – Notice; and

·   Clause 35.1 – Compassionate Leave.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520018  PR761882>