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

[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

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.

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.

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.

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.

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.

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

CaseChat Overview and Summary

The case involved an application for the approval of the GPC Asia Pacific Doveton Victoria & United Workers Union Enterprise Agreement 2023, heard in the Fair Work Commission. The applicant, GPC Asia Pacific, sought to have the enterprise agreement approved, which would establish the terms and conditions of employment for its employees represented by the United Workers Union. The union supported the application, while no other parties were opposed to the agreement.

The legal issues before the court centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for "bargaining representative approval" and "independent assessment" under the Act. The court also had to consider whether the agreement was "in the public interest" and if it met the "better off overall test" (BOOT).

In examining these issues, the court assessed the evidence provided by the parties and considered the agreement's terms and conditions. It found that the agreement had been fairly and genuinely negotiated between the applicant and the union, and that it complied with the statutory requirements. The court determined that the agreement was in the public interest and that it met the BOOT. The agreement was thus approved as it provided for fair and reasonable terms and conditions of employment for the employees.

The court approved the GPC Asia Pacific Doveton Victoria & United Workers Union Enterprise Agreement 2023, with the approval effective from the date of the decision. This decision was based on the evidence presented, which demonstrated that the agreement was fairly negotiated, met the statutory requirements, and was in the public interest. The approved agreement would now serve as the basis for the terms and conditions of employment for the employees covered by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established