Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

[2022] FWCA 2001

[2022] FWCA 2001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

(AG2022/1610)

Autocare Services (Transport South Australia) Enterprise Agreement 2022

Road transport industry
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2022

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

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

1. 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.

1. 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.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

·   Clause 44.4 – Notice of Termination.

However, noting clause 6.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2022. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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Annexure A