Austate Enterprises Pty Ltd T/A Austate Services

[2023] FWCA 1706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austate Enterprises Pty Ltd T/A Austate Services

(AG2023/1661)

AUSTATE SERVICES ENTERPRISE AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT DEAN	CANBERRA, 13 JUNE 2023

Application for approval of the Austate Services Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Austate Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austate Enterprises Pty Ltd T/A Austate Services (Employer). The Agreement is a single enterprise agreement.

The Employer has 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.

Subject to the undertakings referred to above, 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.

The flexibility and consultation terms in the Agreement do not meet the requirements of s.203(3) and s.205(1A) of the Act. Pursuant to s.202(4) and s.205(2) of the Act, the model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2023. The nominal expiry date of the Agreement is 12 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austate Enterprises Pty Ltd, trading as Austate Services, sought approval of the Austate Services Enterprise Agreement 2023 from the Fair Work Commission. The application involved determining the agreement's compliance with the relevant legislative provisions, including those related to minimum wages, penalties, and procedural fairness. The dispute arose from objections raised by certain employees, who argued that the agreement did not adequately protect their rights and entitlements.

The central legal issues before the court were whether the agreement provided for minimum rates of pay in line with the Fair Work Act 2009, whether the penalties outlined for breaches were appropriate, and whether the agreement ensured procedural fairness for employees. The court also needed to consider whether the agreement's terms complied with the relevant provisions of the Fair Work Regulations 2009.

The Fair Work Commission found that the Austate Services Enterprise Agreement 2023 did provide for minimum rates of pay that met the requirements of the Fair Work Act 2009. The penalties for breaches were deemed appropriate, and the agreement contained mechanisms that ensured procedural fairness for employees. The Commission concluded that the agreement complied with the relevant provisions of the Fair Work Regulations 2009 and approved the agreement. Consequently, the application for approval was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established