Autocare Services Pty Ltd T/A Autocare Services Pty Ltd Summary

[2022] FWCA 1899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

(AG2022/1595)

Autocare Services (Transport Western Australia) Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 JUNE 2022

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

Autocare Services Pty Ltd T/A Autocare Services Pty Ltd has made an application for the approval of an enterprise agreement known as the Autocare Services (Transport Western Australia) Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 9 June 2022 and, in accordance with s 54, will operate from 16 June 2022. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Autocare Services Pty Ltd, trading as Autocare Services Pty Ltd, seeking approval of their Enterprise Agreement 2022 with Transport Western Australia. The dispute centred around the terms and conditions outlined in the proposed agreement, which aimed to govern the employment of staff within the organisation. The Fair Work Commission was tasked with assessing whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment. This required a detailed examination of the agreement's provisions to ensure they did not adversely affect the employees' rights and entitlements. Additionally, the Commission had to determine whether the agreement had been genuinely negotiated and whether it complied with the 'better off overall test', which ensures that employees are not worse off financially under the terms of the new agreement.

The Commission found that the agreement provided for fair and reasonable terms and conditions, as it did not adversely affect the employees' rights and entitlements. The agreement was found to have been genuinely negotiated and met the 'better off overall test', with employees receiving increased wages and benefits. Furthermore, the Commission was satisfied that the agreement was compliant with the relevant provisions of the Fair Work Act 2009, including the requirement for 'good faith' negotiations.

As a result, the Fair Work Commission approved the Autocare Services (Transport Western Australia) Enterprise Agreement 2022, subject to the terms and conditions outlined in the agreement. This decision ensured that the employees of Autocare Services Pty Ltd would benefit from the improved terms and conditions set out in the agreement, while also upholding the principles of fairness and good faith negotiations as required by the Fair Work Act 2009.

Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established