Australian Motoring Services Pty Ltd

[2024] FWCA 2603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Motoring Services Pty Ltd

(AG2024/2333)

AUSTRALIAN MOTORING SERVICES – ASSIST AUSTRALIA ENTERPRISE AGREEMENT 2024

Contract call centre industry
COMMISSIONER YILMAZ	MELBOURNE, 12 JULY 2024

Application for approval of the Australian Motoring Services – Assist Australia Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Australian Motoring Services – Assist Australia Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Motoring Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

The Agreement is approved and in accordance with s.54, will operate from 19 July 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant Australian Motoring Services Pty Ltd sought approval for the Australian Motoring Services – Assist Australia Enterprise Agreement 2024. The dispute arose from negotiations between the applicant and the union, United Voice, regarding the terms and conditions of employment for the applicant's employees. The primary issues in the case centred on the fairness and appropriateness of the proposed agreement, including matters such as wages, working hours, leave entitlements, and other employment conditions.

The central legal issue for the Commission to address was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it was free from any improper influences, and whether it met the "better off overall test" as stipulated by the Act. Additionally, the Commission had to consider if the agreement provided for a fair and reasonable outcome for both the employees and the employer.

In delivering its decision, the Commission carefully examined the negotiation process and the terms of the agreement. It found that the applicant had engaged in good faith negotiations with the union and that the agreement reflected a fair and reasonable outcome for both parties. The Commission was satisfied that the agreement met the "better off overall test" and did not contain any provisions that would unfairly disadvantage either party. Consequently, the Commission approved the Australian Motoring Services – Assist Australia Enterprise Agreement 2024. The approval ensures that the agreement will govern the employment terms and conditions of the applicant's employees, effective from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established