DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GPC Asia Pacific T/A Repco
(AG2017/4861)

GPC ASIA PACIFIC PERTH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2017-2020

Vehicle industry
COMMISSIONER JOHNS	SYDNEY, 14 MARCH 2018

Application for approval of the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2017-2020 (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 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] The Shop, Distributive and Allied Employees' Association (SDA) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of GPC Asia Pacific trading as Repco, the Fair Work Commission was asked to approve the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2017-2020. The application for approval was made by the employer, GPC Asia Pacific, and the relevant union, the Shop, Distributive and Allied Employees’ Association (SDA), supported the application. The dispute centred on whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission, in considering the application, was required to assess whether the agreement provided for appropriate minimum terms, including wages, penalty rates, and conditions such as hours of work and leave provisions.

The primary legal issues involved in the application were whether the proposed agreement provided for adequate minimum terms as required by the Fair Work Act, and whether the agreement was made in good faith and without coercion. The Commission examined the agreement's provisions to determine if they aligned with the statutory minimum standards and if the bargaining process was conducted fairly. The SDA argued that the agreement terms were fair and in line with industry standards, while the employer highlighted the necessity of the proposed terms to remain competitive in the market.

After considering the submissions and evidence presented by both parties, the Fair Work Commission found that the proposed agreement met the statutory requirements. The Commission noted that the agreement provided for minimum terms that were not less favourable than the applicable award or safety net minimum terms, and that the bargaining process was conducted in good faith. The Commission was satisfied that the agreement was fair and appropriate for the workforce, and thus approved the GPC Asia Pacific Perth Distribution Centre Enterprise Agreement 2017-2020. The approval ensures that the agreement will now apply to the employees covered by it, providing them with a clear and legally binding set of terms and conditions.

GPC Asia Pacific 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