DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd T/A McLeod Accessories
(AG2019/4929)

MCLEOD ACCESSORIES PTY LTD - DISTRIBUTION CENTRE CERTIFIED AGREEMENT 2019-2020

Vehicle industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 MARCH 2020

Application for approval of the McLeod Accessories Pty Ltd - Distribution Centre Certified Agreement 2019 - 2020.

[1] An application has been made for approval for an enterprise agreement known as the McLeod Accessories Pty Ltd – Distribution Centre Certified Agreement 2019-2020 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Application was made by GPC Asia Pacific Pty Ltd T/A McLeod Accessories (the Applicant). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clause and whether the Agreement passes the better off overall test. A copy of the undertakings is attached at Annexure A. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] 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 has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

GPC Asia Pacific Pty Ltd, trading as McLeod Accessories, applied for the approval of the McLeod Accessories Pty Ltd - Distribution Centre Certified Agreement 2019 - 2020. The application was made to the Fair Work Commission, which was required to consider whether the agreement met the criteria set out in the Fair Work Act 2009.

The legal issues before the Commission involved assessing the terms of the agreement against the provisions of the Act, including whether the agreement provided for fair and reasonable terms, and whether it was made in good faith and without coercion. The Commission also needed to consider if the agreement was likely to achieve a productive workplace relationship.

The Commission found that the agreement met the statutory requirements. It held that the agreement provided for fair and reasonable terms and was made in good faith and without coercion. The Commission also found that the agreement was likely to achieve a productive workplace relationship. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the McLeod Accessories Pty Ltd - Distribution Centre Certified Agreement 2019 - 2020. This decision underscores the importance of ensuring that certified agreements align with the principles of fairness and good faith, and are conducive to productive workplace relations.

GPC Asia Pacific Pty Ltd T/A McLeod Accessories

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established