DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Auto & General Holdings Pty Ltd T/A Auto & General Holdings
(AG2019/1376)

AUTO & GENERAL ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER HUNT	BRISBANE, 17 JUNE 2019

Application for approval of the Auto & General Enterprise Agreement 2018

[1] Auto & General Holdings Pty Ltd T/A Auto & General Holdings (Auto & General) has applied for approval of an enterprise agreement known as the Auto & General Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission raised certain concerns regarding the Agreement with Auto & General, and as a result, written undertakings were made by Auto & General. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the bargaining representatives regarding the undertakings provided by Auto & General. The Financial Services Union (FSU) supports the approval of the Agreement subject to the written undertakings. No other bargaining representative has expressed a view on the proposed undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The FSU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 24 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Auto & General Holdings Pty Ltd, trading as Auto & General Holdings, applied to the Fair Work Commission for the approval of the Auto & General Enterprise Agreement 2018. The application involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The agreement was intended to cover employees within the company's operations, and the dispute centred on whether the process and content of the agreement complied with the legislative provisions governing enterprise agreements.

The legal issues before the commission included whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether the requisite consultation and disclosure processes had been followed. The commission also needed to consider whether the agreement provided adequate protections for employees and whether it was likely to lead to improved productivity and industrial harmony.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The commission concluded that the consultation process was adequate and that the agreement provided fair and reasonable protections for employees. Furthermore, the commission was satisfied that the agreement was likely to lead to improved productivity and industrial harmony. Consequently, the commission approved the Auto & General Enterprise Agreement 2018.

The final orders of the commission included the approval of the agreement, with the effective date set to commence on the first day of the month following the decision. The agreement was to be registered with the Fair Work Commission and would be binding on all employees covered by the enterprise. The decision marked a significant step in formalising the terms and conditions of employment for the workers involved, ensuring that the agreement met all statutory requirements for approval under the Fair Work Act 2009.

Auto & General Holdings Pty Ltd T/A Auto & General Holdings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established