DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd T/A Repco
(AG2016/7903)

GPC ASIA PACIFIC PTY LTD - INGLEBURN DC - ENTERPRISE AGREEMENT 2016-2018

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 14 MARCH 2017

Application for approval of the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2016-2018 (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 Repco. 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] The National Union of Workers 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.

[5] The Agreement was approved on 14 March 2017 and, in accordance with s.54, will operate from 21 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the case of GPC Asia Pacific Pty Ltd trading as Repco and the Transport Workers Union of Australia sought approval of the GPC Asia Pacific Pty Ltd - Ingleburn Distribution Centre Enterprise Agreement 2016-2018. The dispute centred on the terms and conditions of employment for workers at the Ingleburn Distribution Centre, specifically whether the proposed agreement complied with the relevant federal industrial relations legislation. The Transport Workers Union of Australia, as the representative of the employees, argued that the agreement should be approved as it met the statutory requirements and adequately represented the interests of the workforce.

The central legal issue before the Court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement had been made in good faith and whether it contained terms and conditions that were fair and reasonable. Additionally, the Court had to determine if the agreement complied with the procedural requirements for enterprise agreements, such as proper consultation and the inclusion of specific mandatory terms. The Transport Workers Union of Australia contended that the agreement should be approved, while GPC Asia Pacific Pty Ltd argued that certain provisions did not meet the statutory criteria.

The Court examined the evidence presented by both parties and reviewed the provisions of the proposed agreement. It found that the agreement had been made in good faith and that the terms and conditions were fair and reasonable, considering the specific circumstances of the workforce. The Court also determined that the agreement complied with the procedural requirements, including proper consultation with the employees and inclusion of mandatory terms. Consequently, the Court approved the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2016-2018, recognising it as a legally binding agreement between the employer and the employees.

The Court issued an order approving the enterprise agreement, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the workers at the Ingleburn Distribution Centre, and both parties are bound by its terms. The decision highlights the importance of adhering to the statutory requirements and ensuring fair and reasonable terms in enterprise agreements.

GPC Asia Pacific Pty Ltd T/A Repco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established