Australian Motoring Services Pty Ltd

Case

[2024] FWCA 2603

12 JULY 2024


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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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