DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services Pty Ltd
(AG2019/487)

APPLICATION FOR APPROVAL OF THE AUTOCARE SERVICES (TRANSPORT QUEENSLAND) ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 MAY 2019

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

[1] Autocare Services Pty Ltd has made an application for approval of an enterprise agreement known as Autocare Services (Transport Queensland) Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Mr Brendan Flower as an employee bargaining representative for the Agreement. Mr Flower has lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] 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 the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declarations, 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.

[5] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 May 2019 and, in accordance with s 54, will operate from 28 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Autocare Services Pty Ltd, trading as Autocare Services Pty Ltd, applied for approval of the Autocare Services (Transport Queensland) Enterprise Agreement 2018. The application was made by the employer, and the union involved in the negotiations was the Transport Officers' Association of Queensland. The nature of the dispute was centred on the terms and conditions of employment for the employees of Autocare Services, specifically those under the proposed enterprise agreement.

The legal issues before the court involved the compliance of the proposed agreement with the Fair Work Act 2009. The court had to determine if the agreement met the criteria for approval under the Act, including whether it provided for minimum terms and conditions, facilitated a productive workplace relationship, and did not adversely affect the operation of a business. The court also had to consider if the agreement was made in good faith and if it was free from any coercion or unfair pressure.

The Fair Work Commission found that the Autocare Services (Transport Queensland) Enterprise Agreement 2018 complied with the requirements of the Fair Work Act 2009. The agreement was deemed to provide for fair and reasonable terms and conditions, and to promote a productive workplace relationship. The Commission was satisfied that the agreement was made in good faith and without any undue influence. The Commission approved the enterprise agreement, allowing it to be registered with the Fair Work Commission and to come into effect as of the date of the approval.

This decision ensures that the employees of Autocare Services are covered by a legally approved enterprise agreement, which sets out their terms and conditions of employment. The approval of the agreement by the Fair Work Commission provides a stable and predictable industrial relations environment for both the employer and the employees, promoting a productive and harmonious workplace.

Autocare Services Pty Ltd T/A Autocare Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established