DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd T/A Repco
(AG2016/7532)

GPC ASIA PACIFIC WINGFIELD DISTRIBUTION CENTRE AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the GPC Asia Pacific Wingfield Distribution Centre Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Wingfield Distribution Centre Agreement 2016 (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 Shop, Distributive and Allied Employees Association 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 is approved and, in accordance with s.54 of the Act, will operate from 22 February 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved GPC Asia Pacific Pty Ltd, trading as Repco, which sought approval for the GPC Asia Pacific Wingfield Distribution Centre Agreement 2016. This agreement was a single-enterprise instrument under the Fair Work Act 2009, intended to set the terms and conditions of employment for workers at the Wingfield Distribution Centre. The dispute was brought before the Fair Work Commission, which is responsible for overseeing such agreements and ensuring they meet the requirements of the Fair Work Act.

The legal issues before the Commission centred on whether the agreement provided appropriate minimum terms and conditions of employment, in line with the statutory minimum standards set by the Fair Work Act. Specifically, the Commission had to determine if the agreement adequately covered areas such as pay rates, penalty rates, leave entitlements, and other employment conditions. It also needed to assess whether the agreement was made in good faith and without coercion, and whether it met the requirements for a single-enterprise agreement.

The Fair Work Commission found that the GPC Asia Pacific Wingfield Distribution Centre Agreement 2016 met the necessary standards. The agreement was deemed to provide for appropriate minimum terms and conditions of employment, aligning with the statutory minimum standards. The Commission was satisfied that the agreement was made in good faith and without coercion, and it fulfilled the requirements for a single-enterprise agreement. Therefore, the Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The Commission's decision was based on its careful review of the agreement, which included an assessment of the terms and conditions it provided, as well as the process by which it was made. The Commission concluded that the agreement was fair and appropriate, and it granted the application for approval. This decision ensures that the workers at the Wingfield Distribution Centre have a clear and legally binding agreement that sets out their employment terms and conditions.

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