Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

[2017] FWCA 3087

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

(AG2017/1762)

Autocare Services (Interstate Transport) Enterprise Agreement 2016

Road transport industry
Commissioner Johns	SYDNEY, 6 JUNE 2017

Application for approval of the Autocare Services (Interstate Transport) Enterprise Agreement 2016.

On 18 May 2017 Autocare Services Pty Ltd T/A Autocare Services Pty Ltd (Applicant) made an application for approval of the Autocare Services (Interstate Transport) Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 June 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Autocare Services Pty Ltd T/A Autocare Services Pty Ltd applied for the approval of the Autocare Services (Interstate Transport) Enterprise Agreement 2016. The applicant sought to have the agreement registered as a single-enterprise agreement under the Fair Work Act 2009. The agreement covered employees who were engaged in interstate transport services. The respondents to the application were the Australian Council of Trade Unions and the Transport Workers Union. The nature of the dispute centred around the provisions of the agreement and whether it met the statutory requirements for approval.

The key legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009 and whether the agreement was genuinely negotiated and not the result of any form of coercion or undue influence. The Commission had to assess the procedural fairness of the agreement and consider whether it provided for the rights and obligations of the parties in a manner consistent with the provisions of the Act. Additionally, the Commission had to determine if the agreement complied with the statutory requirement that it be free from any provisions that would undermine the protections afforded to employees under the Fair Work Act.

The Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. It determined that all the mandatory terms prescribed by the Act were included in the agreement and that the agreement provided for the rights and obligations of the parties in a manner consistent with the provisions of the Act. The Commission also found that the agreement was free from any provisions that would undermine the protections afforded to employees under the Fair Work Act. As a result, the Commission approved the Autocare Services (Interstate Transport) Enterprise Agreement 2016 as a single-enterprise agreement under the Fair Work Act 2009.

The final orders of the Commission included the registration of the Autocare Services (Interstate Transport) Enterprise Agreement 2016 as a single-enterprise agreement under the Fair Work Act 2009. The Commission also ordered that the agreement would commence on the date of the decision and would remain in force until 31 March 2021, unless terminated earlier in accordance with the agreement. The respondents to the application were also ordered to pay the applicant's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established