DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd T/A McLeod Accessories
(AG2016/5643)

MCLEOD ACCESSORIES PTY LTD – DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016 - 2019

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the McLeod Accessories Pty Ltd - Distribution Centre Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the McLeod Accessories Pty Ltd - Distribution Centre Enterprise Agreement 2016 - 2019 (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 McLeod Accessories. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of GPC Asia Pacific Pty Ltd, trading as McLeod Accessories, the Fair Work Commission was tasked with approving a distribution centre enterprise agreement for the period 2016 to 2019. The application for approval was brought forth by the employer, GPC Asia Pacific Pty Ltd. The dispute centred on whether the proposed agreement met the statutory requirements for a valid enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandatory terms and conditions as required by the Fair Work Act. This included ensuring that the agreement addressed all necessary topics such as minimum wages, penalty rates, leave entitlements, and other conditions of employment, while also being free from prohibited content. The Commission also needed to verify that the agreement had been made in good faith and that the necessary procedural requirements, such as proper authorisation and employee engagement, were fulfilled.

The Commission carefully examined the proposed agreement to determine if it complied with the statutory framework. The analysis revealed that the agreement was comprehensive, covering all mandatory topics, and did not include any prohibited content. The Commission also found that the agreement was made in good faith and that all procedural requirements had been appropriately followed. As a result, the Commission approved the McLeod Accessories Pty Ltd - Distribution Centre Enterprise Agreement 2016 - 2019, confirming its validity and enforceability under the Act.

GPC Asia Pacific Pty Ltd T/A McLeod Accessories

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established