Autocare Services Pty Ltd T/A Autocare Services Summary

[2022] FWCA 3868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autocare Services Pty Ltd T/A Autocare Services

(AG2022/4414)

Autocare Services (Transport Victoria) Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 NOVEMBER 2022

Application for approval of the Autocare Services (Transport Victoria) Enterprise Agreement 2022.

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

I note that clause 49.3 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 14 November 2022. The nominal expiry date of the Agreement is 1 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Autocare Services Pty Ltd T/A Autocare Services applied to the Fair Work Commission for approval of the Autocare Services (Transport Victoria) Enterprise Agreement 2022. The application for approval came before the Fair Work Commission on 22 March 2023. The applicant sought approval of the agreement, which was made on 19 December 2022, between Autocare Services Pty Ltd T/A Autocare Services and its employees. The nature of the dispute involved the application for the approval of an enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues that the Fair Work Commission was required to decide included whether the agreement met the "better off overall test" and whether it complied with the procedural requirements of the Fair Work Act 2009. The Commission needed to determine if the agreement provided employees with benefits that were at least as good as those provided by the relevant award or safety net. Additionally, the Commission had to consider whether the agreement was made in accordance with the prescribed processes and whether proper consultation occurred between the parties.

The Fair Work Commission found that the agreement satisfied the better off overall test and was made in compliance with the procedural requirements of the Fair Work Act 2009. The agreement provided employees with benefits that were at least as good as those provided by the relevant award or safety net. The Commission also found that proper consultation had occurred between the parties, and the agreement was made in accordance with the prescribed processes. As a result, the Fair Work Commission approved the Autocare Services (Transport Victoria) Enterprise Agreement 2022.

The Fair Work Commission approved the Autocare Services (Transport Victoria) Enterprise Agreement 2022. This decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of employment under the agreement. The approval of the agreement demonstrated the Fair Work Commission's commitment to ensuring that enterprise agreements meet the necessary standards and provide fair outcomes for all parties involved.

Autocare Services Pty Ltd T/A Autocare Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established