Autocare Services Pty Ltd

[2024] FWCA 1190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autocare Services Pty Ltd

(AG2024/814)

AUTOCARE SERVICES (TRANSPORT WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 17 APRIL 2024

Application for approval of the Autocare Services (Transport Western Australia) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Autocare Services (Transport Western 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 Autocare Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 December 2023 and the Agreement was made on 5 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Transport Workers' Union of Australia (the TWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Transport Workers' Union of Australia (the TWU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Autocare Services Pty Ltd, applied for the approval of the Autocare Services (Transport Western Australia) Enterprise Agreement 2024. The respondent, the Transport Workers Union of Australia, did not oppose the application. The dispute centred on the terms and conditions of employment within the Autocare Services, including wages, working hours, and various employee benefits. The Commission was tasked with determining whether the agreement was in the best interests of the employees and if it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval, specifically whether it complied with the provisions of the Fair Work Act 2009. The Commission considered whether the agreement provided fair and reasonable terms for the employees, including adequate wages, reasonable working hours, and appropriate leave entitlements. Additionally, the Commission assessed whether the agreement was free from any unfair provisions and whether it provided a fair process for resolving disputes.

The Commission found that the agreement met all statutory requirements and was in the best interests of the employees. It was satisfied that the agreement provided fair and reasonable terms, including competitive wages and appropriate leave provisions. The Commission noted the absence of any unfair provisions and the inclusion of a fair dispute resolution process. Consequently, the Commission approved the Autocare Services (Transport Western Australia) Enterprise Agreement 2024.

The Commission approved the agreement and directed its registration with the Fair Work Commission. This decision ensures that the terms and conditions set out in the agreement are legally binding and enforceable between Autocare Services and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established