GPC Asia Pacific T/A Repco Summary

[2013] FWCA 6422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GPC Asia Pacific T/A Repco
(AG2013/2279)

GPC ASIA PACIFIC LIMITED QUEENSLAND DISTRIBUTION CENTRE CERTIFIED AGREEMENT 2013-2016

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2013-2016 (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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The National Union of Workers (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 26 August 2013, which included further material in support of the application together with Undertakings made by and duly signed by the GPC Asia Pacific HR Manager and the NUW General Branch Secretary, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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 have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, GPC Asia Pacific trading as Repco, sought approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2013-2016. The applicant, an employer, and the respondents, employees represented by a trade union, had entered into the agreement, which was to replace an existing enterprise agreement. The dispute centred around the approval of this new agreement, specifically addressing various terms and conditions of employment.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it contained the mandated minimum terms, and if it was free from prohibited content. Additionally, the court needed to determine if the agreement complied with procedural requirements, such as proper certification of the union and the process by which the agreement was made.

The court considered the evidence provided by both parties and the submissions made. It found that the agreement was made in good faith and contained all the mandated minimum terms. The court also confirmed that the agreement was free from prohibited content and adhered to the procedural requirements for certification. Consequently, the court approved the agreement, noting that it provided a fair and reasonable outcome for both the employer and the employees. The decision was made in accordance with the principles of fairness and the legislative framework provided by the Fair Work Act 2009.

The final orders included the approval of the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2013-2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until it expired or was replaced by a new agreement.

GPC Asia Pacific T/A Repco

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established