DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services
(AG2019/1635)

AUTOCARE SERVICES (SOUTH AUSTRALIA TRANSPORT) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 20 JUNE 2019

Application for approval of the Autocare Services (South Australia Transport) Enterprise Agreement 2018.

[1] An application has been made for approval of a single enterprise agreement known as the Autocare Services (South Australia Transport) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Autocare Services Pty Ltd T/A Autocare Services.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement lodged contained an error at Clause 25 - Table 2. On 14 June 2019, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

Autocare Services Pty Ltd, trading as Autocare Services, applied to the Fair Work Commission for the approval of the Autocare Services (South Australia Transport) Enterprise Agreement 2018. The dispute involved the terms of employment for the employees of Autocare Services, including their wages, conditions, and other employment-related matters.

The primary legal issues the Commission had to resolve were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any illegal or improper content. Additionally, the Commission needed to determine if the agreement was genuinely negotiated and if it provided for proper mechanisms for dispute resolution.

The Commission considered the submissions and evidence presented by the parties and examined the proposed agreement in detail. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any illegal or improper content. The Commission also found that the agreement was genuinely negotiated and provided for appropriate mechanisms for dispute resolution. Accordingly, the Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission were that the Autocare Services (South Australia Transport) Enterprise Agreement 2018 be approved, subject to the modifications outlined in the decision. The modifications related to the calculation of overtime and the provision of paid parental leave. The parties were directed to implement the modified agreement and take all necessary steps to ensure compliance with the Fair Work Act 2009.

Autocare Services Pty Ltd T/A Autocare Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established