DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Automotive Brands Group Pty Ltd
(AG2016/5113)

WILLAWONG WAREHOUSE AUTOMOTIVE BRANDS GROUP AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 28 SEPTEMBER 2016

Application for approval of the Willawong Warehouse Automotive Brands Group Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Willawong Warehouse Automotive Brands Group Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Automotive Brands Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2016. The nominal expiry date of the Agreement is 27 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Automotive Brands Group Pty Ltd sought approval of the Willawong Warehouse Automotive Brands Group Agreement 2016 from the Fair Work Commission. The agreement involved the employees of Automotive Brands Group Pty Ltd, who were covered by the Motor Trades and Mechanical Engineers Award 2009, and the dispute pertained to the terms of the proposed agreement.

The key legal issues before the Fair Work Commission were whether the agreement provided for the terms and conditions of employment that met the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees involved. This included assessing whether the proposed agreement adequately balanced the rights and interests of the employer and employees.

The Fair Work Commission found that the proposed agreement was fair and reasonable, taking into consideration the nature of the business, the interests of the employees, and the provisions of the relevant Award. The Commission approved the Willawong Warehouse Automotive Brands Group Agreement 2016, considering it to be a genuine and necessary response to the economic and business environment in which Automotive Brands Group Pty Ltd operated. The agreement was deemed to provide for appropriate terms and conditions of employment that were in the best interests of the employees, and it was therefore approved by the Fair Work Commission.

Automotive Brands Group 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