DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autocare Services Pty Limited
(AG2017/5802)

AUTOCARE SERVICES (TRANSPORT TASMANIA) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 9 MAY 2018

Application for approval of the Autocare Services (Transport Tasmania) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Autocare Services (Transport Tasmania) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Autocare Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement lodged contained an error at Schedule 3. On 9 May 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Transport Workers’ Union of Australia 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 16 May 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Autocare Services Pty Limited, sought approval for the Autocare Services (Transport Tasmania) Enterprise Agreement 2017 from the Fair Work Commission. The dispute centred on the terms and conditions outlined in the proposed agreement, which were to govern the employment relationship between Autocare Services and its employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the interests of the employees. The applicants argued that the proposed agreement was fair and reasonable, while the respondents contended that certain provisions did not adequately protect employee rights.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory provisions of the Fair Work Act. Specifically, the Commission had to assess if the agreement contained all the mandated minimum terms and conditions, and if it provided a safety net for employees, ensuring fair and reasonable terms. The Commission also considered whether the agreement met the 'better off overall test', ensuring that employees were not worse off than under the applicable award or national employment standards.

The Fair Work Commission carefully reviewed the provisions of the agreement, noting the mandatory minimum terms and conditions required under the Fair Work Act. The Commission found that the agreement met all statutory requirements, including the safety net provisions, and that employees would not be worse off under the agreement than under the applicable award. The Commission also concluded that the agreement was in the interests of the employees, as it provided for fair and reasonable terms of employment. Based on these findings, the Commission approved the proposed enterprise agreement.

As a result of the Commission's decision, the Autocare Services (Transport Tasmania) Enterprise Agreement 2017 was approved and will govern the employment relationship between Autocare Services and its employees. The agreement will now serve as the basis for the terms and conditions of employment for the employees covered by the agreement.

Autocare Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established