DECISION

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

Autocare Services Pty Ltd
(AG2017/2448)

AUTOCARE SERVICES (TRANSPORT NEW SOUTH WALES) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT SAMS	SYDNEY, 9 AUGUST 2017

Application for approval of the Autocare Services (Transport New South Wales) Enterprise Agreement 2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Autocare Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as Autocare Services (Transport New South Wales) Enterprise Agreement 2017 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia – New South Wales Branch (the ‘Union’) and Messrs Wall, Smith and Cochrane, nominated employee bargaining representatives (EBRs). The Agreement covers 51 employees who are principally allocated out of the New South Wales Transport office and who are engaged to perform car carrying duties specified in Schedule 4 of the Agreement. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 1 February 2017, and voting for the Agreement’s approval took place from 3-9 June 2017. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 29 of the 46 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 June 2017, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Huynh, IR/ER Advisor identified the Road Transport and Distribution Award 2010 [MA000038] and the Road Transport (Long Distance Operations) Award 2010 [MA000039] (the ‘Awards’) as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Huynhsaid the Agreement provided for a number of more beneficial terms when compared with the reference instruments, including higher rates of pay (of between 6-39%), an annual phone allowance, enhanced redundancy provisions and parental leave. The agreement contains no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at schedule 1 and cl 22 respectively, and a disputes resolution procedure at schedule 2 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 7 August 2017, Ms K Huynh appeared for the applicant and Mr L Lawler appeared for the Union. Ms Huynh outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Autocare Services (Transport New South Wales) Enterprise Agreement 2017. Pursuant to s 54 of the Act, the Agreement shall operate from 14 August 2017 and have a nominal expiry date of 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of Autocare Services Pty Ltd, the applicant, and Transport New South Wales, the respondent, the Fair Work Commission was asked to determine whether to approve the Autocare Services (Transport New South Wales) Enterprise Agreement 2017. The agreement in question was negotiated between the parties and sought to establish the terms and conditions of employment for the workers under the agreement. The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it was made in good faith and without coercion.

The Commission examined the agreement clause by clause and considered submissions from both parties. The applicant argued that the agreement was made in good faith and without coercion, and that it provided fair and reasonable terms for the workers. The respondent, on the other hand, argued that the agreement did not provide for adequate pay rates and conditions for the workers, and that it was not made in good faith. The Commission considered the evidence and submissions from both parties and found that the agreement was made in good faith and without coercion. The Commission also found that the agreement provided fair and reasonable terms for the workers, including adequate pay rates and conditions.

The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009. The applicant was granted leave to apply for the approval of the agreement, and the respondent was directed to take all necessary steps to give effect to the agreement. The Commission noted that the agreement provided for a range of benefits for the workers, including pay rates, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement provided fair and reasonable terms for the workers, and that it was made in good faith and without coercion. The Commission approved the agreement, and the applicant was able to implement the terms and conditions of the agreement with the respondent.

Autocare Services Pty Ltd

DECISION

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