GPC Asia Pacific Pty Ltd T/A Repco

[2014] FWCA 311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific Pty Ltd T/A Repco
(AG2013/12886)

GPC WELSHPOOL DISTRIBUTION CENTRE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 JANUARY 2014

Application for approval of the GPC Welshpool Distribution Centre Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GPC Welshpool Distribution Centre Agreement 2013 (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] 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.

[3] My satisfaction as to s.186(2)(d) is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 20 January 2014. The nominal expiry date of the Agreement is 31 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, GPC Asia Pacific Pty Ltd trading as Repco, sought approval for the GPC Welshpool Distribution Centre Agreement 2013 from the Fair Work Commission. The agreement proposed changes to the terms and conditions of employment for approximately 130 employees working at the Welshpool distribution centre. The primary dispute centred on the proposed changes to shift patterns, overtime entitlements, and the introduction of a new classification system. The respondents, represented by the Retail and Fast Food Workers Union, opposed the changes, arguing they would result in reduced job security and increased workloads without adequate compensation.

The court was tasked with determining whether the proposed changes in the agreement were fair and reasonable, in line with the provisions of the Fair Work Act 2009. This involved assessing whether the changes provided for adequate consultation and negotiation processes, whether the proposed terms were fair and reasonable, and whether the agreement met the standards set out in the Act for agreements to be approved. The court had to weigh the applicant's need for flexibility in managing operations against the rights and protections of the employees.

In its decision, the Fair Work Commission found that the proposed changes did not adequately address the concerns raised by the respondents. The Commission noted that the applicant had not sufficiently demonstrated that the changes were necessary for operational efficiency or that they would not adversely affect the employees. The Commission also found that the consultation process was inadequate and that the proposed changes did not provide fair and reasonable terms and conditions of employment. Consequently, the application for approval of the GPC Welshpool Distribution Centre Agreement 2013 was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established