DECISION

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

National Union of Workers
(AG2015/972)

GUD AUTOMOTIVE PTY LTD STORES AND DISTRIBUTION ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 1 MAY 2015

Application for approval of the GUD Automotive Pty Ltd Stores and Distribution Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GUD Automotive Pty Ltd Stores and Distribution Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act 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 8 May 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers filed an application in the Fair Work Commission for the approval of the GUD Automotive Pty Ltd Stores and Distribution Enterprise Agreement 2015. The agreement was entered into between GUD Automotive Pty Ltd, an employer in the automotive parts manufacturing industry, and the union, which represents employees in various roles within the company. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The union argued that the agreement adequately covered all necessary terms and conditions, while the employer raised concerns about certain provisions, particularly those relating to employee entitlements and classification.

The court was tasked with determining if the enterprise agreement complied with the statutory criteria for approval, including whether it facilitated the improvement of workplace relations, provided for the fair and efficient determination of employees’ terms and conditions, and adhered to the procedural requirements outlined in the Act. The primary focus was on whether the agreement met the genuine agreement test and if it was made in good faith. The court examined the negotiation process, the contents of the agreement, and the extent to which it addressed the needs and concerns of the employees and employer.

In its decision, the Fair Work Commission found that the agreement generally met the requirements for approval. The court acknowledged the union's efforts in negotiating the agreement and the employer's participation in the process. While some concerns were raised regarding specific provisions, the court determined that these issues did not undermine the overall validity of the agreement. The court concluded that the agreement facilitated better workplace relations, provided for the fair determination of terms and conditions, and was made in good faith. Therefore, the application for approval was successful.

The Fair Work Commission approved the GUD Automotive Pty Ltd Stores and Distribution Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were required to comply with its terms. The court's decision provided clarity on the legal framework for enterprise agreements and reinforced the importance of genuine negotiation and good faith in industrial relations.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established