DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services
(AG2019/1735)

AUTOCARE SERVICES (TRANSPORT VICTORIA) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Autocare Services (Transport Victoria) 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 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.

[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

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CaseChat Overview and Summary

In the case of Autocare Services Pty Ltd T/A Autocare Services, the Fair Work Commission was called upon to approve the Autocare Services (Transport Victoria) Enterprise Agreement 2018. This application arose under the Fair Work Act 2009, with the Commission tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission involved examining whether the agreement was made in good faith, whether it contained the minimum terms and conditions set out in the Fair Work Act, and whether it was appropriately registered. A further consideration was whether the agreement complied with the procedural requirements under the Act and was not disadvantageous to employees.

The Commission determined that the agreement was made in good faith and contained the minimum terms and conditions required by law. It found that the agreement was appropriately registered and did not disadvantage employees. The Commission emphasised the importance of the procedural steps taken in the negotiation and drafting of the agreement, ensuring that it adhered to the requirements of the Fair Work Act. Based on these findings, the Commission approved the Autocare Services (Transport Victoria) Enterprise Agreement 2018.

In conclusion, the Fair Work Commission approved the enterprise agreement, finding it met all necessary criteria. The decision underscores the importance of good faith negotiations and compliance with statutory requirements in the formation of enterprise agreements.

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