Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

[2022] FWCA 3241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

(AG2022/3662)

Autocare Services (Transport New South Wales) Enterprise Agreement 2022

Road transport industry
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2022

Application for approval of the Autocare Services (Transport New South Wales) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Autocare Services (Transport New South Wales) Enterprise Agreement 2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2022. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Autocare Services Pty Ltd, trading as Autocare Services Pty Ltd, which sought approval of an enterprise agreement with Transport New South Wales. The matter was heard in the Fair Work Commission (FWC). The primary issue before the FWC was whether the Autocare Services (Transport New South Wales) Enterprise Agreement 2022 complied with the requirements of the Fair Work Act 2009. This included ensuring the agreement met the necessary provisions concerning minimum entitlements, procedural fairness, and other relevant statutory obligations.

The FWC considered whether the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The commission also examined if there was a genuine attempt to negotiate the agreement and whether the agreement adhered to the processes outlined in the Fair Work Act. Furthermore, the FWC assessed whether the agreement met the criteria for being a "single, written agreement" and whether it contained all the necessary details as required by the legislation.

In its decision, the FWC found that the Autocare Services (Transport New South Wales) Enterprise Agreement 2022 was compliant with the statutory requirements. The commission noted that the agreement had been negotiated in good faith, met the necessary procedural fairness standards, and provided for fair and reasonable terms and conditions for the employees. The FWC concluded that the agreement adequately covered all the mandatory topics and contained the requisite details. Consequently, the FWC approved the enterprise agreement.

The FWC's final order was that the Autocare Services (Transport New South Wales) Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and enforceable between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established