Application for approval of the Gates Australia Pty Ltd Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Gates Australia Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Gates Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights was provided to all but one employee within 14 days of the notification date. Per s.188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical error made in relation to the requirements set out in s.174(1A) of the Act. I am satisfied that this employee was not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(5) of the Act. 

[3] The Form F17B indicated that the access period commenced on 20 October, and the distribution of the access period materials concluded on 21 October. However, one employee did not receive the access period materials until 23 October, due to illness. The vote commenced on 29 October, which means that one employee did not receive at least 7 full calendar days between the access period and the vote. To satisfy the requirements under s.186(2)(a) that the Agreement was genuinely agreed to by the employees, the Commission must consider whether the employer has taken all reasonable steps to explain the Agreement to the employees and that the explanation was provided in a manner appropriate to the circumstances and needs of the employees per s.188(1) and s.180(5) of the Act, as well as paragraphs 8 to 14 of the Statement of Principles on Genuine Agreement. In the circumstances, I am satisfied that despite the shorter access period for one employee, employees were not likely to be disadvantaged, and the Agreement was genuinely agreed to.

[4] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s 201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 8 December 2025. The nominal expiry date of the Agreement is 30 June 2028.

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