DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services
(AG2019/1339)

AUTOCARE SERVICES (TRANSPORT WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 13 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Autocare Services (Transport Western Australia) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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.

[3] The Transport Workers’ Union of Australia (TWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Autocare Services Pty Ltd trading as Autocare Services, sought approval of the Autocare Services (Transport Western Australia) Enterprise Agreement 2018. The application was made to the Fair Work Commission, which exercises industrial relations jurisdiction across Australia. The dispute arose because the applicant sought to implement an enterprise agreement that would govern the employment conditions of its workers.

The primary legal issue for the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning the process through which the agreement was made and the substantive provisions within it. The applicant argued that the agreement was fairly and properly negotiated, with genuine agreement reached between the parties. The Commission had to examine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions of employment as stipulated by the Act.

In delivering its decision, the Commission found that the agreement was made in accordance with the statutory requirements. The process was transparent and involved genuine negotiations between the parties. The substantive terms of the agreement were also found to be fair and reasonable. The Commission was satisfied that the agreement provided for the minimum entitlements as required by law and did not disadvantage the employees. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the legislative framework.

The Fair Work Commission approved the Autocare Services (Transport Western Australia) Enterprise Agreement 2018, thereby allowing it to come into effect. This decision was based on the Commission's findings that the agreement was made through proper negotiation processes and contained fair and reasonable terms and conditions of employment.

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