Application for approval of the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2025-2027

[1] GPC Asia Pacific Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the GPC Asia Pacific Pty Ltd - Ingleburn DC - Enterprise Agreement 2025-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights (NERR)

[2] The NERR erroneously stated that the Agreement was titled 'GPC Asia Pacific Limited Ingleburn DC Enterprise Agreement 2021-2025...', instead of 'GPC Asia Pacific Pty Ltd Ingleburn Enterprise Agreement 2025-2027...'.

[3] The Employer has provided submissions that this matter constituted a minor technical error.

[4] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

National Employment Standards (NES) Precedence Term

[5] Clause 15 of the Agreement stipulates that employees may access up to three (3) days of their annual leave entitlement as single day absences. However, s.88 of the Act, does not limit the number of single day annual leave absences that may be taken.

[6] Clause 19 of the Agreement provides that in circumstances whereby the employer has proposed to terminate an employee by way of redundancy, if suitable alternative employment within a reasonable distance is offered to an employee and the employee refuses to take up that offer of employment, the employee will not be eligible for the severance payments. Ordinarily, under s.120 of the Act, the variation of redundancy pay may only be executed on application by an employer to the Fair Work Commission.

[7] I note that in accordance with the NES precedence term in Clause 5 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

[8] The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[9] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[10] The United Workers Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[11] In accordance with s.201(2), I note that the Agreement covers the UWU.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2025. The nominal expiry date of the Agreement is 30 June 2027.

[1] [2019] FWCFB 318.

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