DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services
(AG2019/1606)

AUTOCARE SERVICES (VEHICLE PROCESSING) ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JUNE 2019

Application for approval of the Autocare Services (Vehicle Processing) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Autocare Services (Vehicle Processing) Enterprise Agreement 2018 (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 T/A Autocare Services. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 11 June 2019 and, in accordance with s.54, will operate from 18 June 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 (Vehicle Processing) Enterprise Agreement 2018. The dispute centred on the terms and conditions of employment for the company's vehicle processing employees, particularly in relation to working hours, overtime, and penalty rates. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed conditions for working hours and overtime were consistent with the Act and the principles of procedural fairness. The applicant argued that the agreement reflected a genuine bargain between the parties and that the terms were reasonable in the circumstances. The Commission needed to assess if the agreement was made in good faith, whether it provided for a fair and reasonable outcome for the employees, and if it complied with the statutory minimum standards.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements. It was concluded that the proposed terms for working hours and overtime were reasonable and in line with the legislative framework. The Commission was satisfied that the agreement was made in good faith and provided a fair outcome for the employees. The application was thus approved, and the Autocare Services (Vehicle Processing) Enterprise Agreement 2018 was registered.

The final orders of the Commission were that the application for approval of the enterprise agreement be granted, and that the agreement be registered under the Fair Work Act 2009. This decision ensures that the terms of employment set out in the agreement are legally binding on the parties involved.

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