DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Automotive Brands Group Pty Ltd
(AG2020/93)

WILLAWONG WAREHOUSE AUTOMOTIVE BRANDS GROUP AGREEMENT 2019

Vehicle industry
COMMISSIONER HUNT	BRISBANE, 4 FEBRUARY 2020

Application for approval of the Willawong Warehouse Automotive Brands Group Agreement 2019.

[1] Automotive Brands Group Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Willawong Warehouse Automotive Brands Group Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Mr Matthew Toner, Logistics Director of the United Workers Union (UWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the UWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers the UWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2020. The nominal expiry date of the Agreement is 11 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Automotive Brands Group Pty Ltd sought approval of a workplace agreement, the Willawong Warehouse Automotive Brands Group Agreement 2019, under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the requirements for registration as a single-interest employer agreement. The dispute arose from objections by the Retail and Fast Food Workers Union of Victoria, which argued the agreement did not comply with the statutory framework.

The court was required to consider whether the agreement complied with the relevant provisions of the Act, including section 184, which outlines the process for approval of single-interest employer agreements. Key issues included whether the agreement was made in good faith and whether it was appropriately negotiated, as well as whether the agreement provided for fair terms and conditions of employment. The court also needed to assess the potential impact of the agreement on employees, including any adverse effects on their terms and conditions of employment.

The FWC held that the application was made in good faith and that the agreement was appropriately negotiated. The court found that the agreement did not have any adverse effects on the employees' terms and conditions of employment. The FWC considered that the agreement provided for fair terms and conditions of employment, and it was therefore appropriate to approve the agreement. The FWC ultimately approved the Willawong Warehouse Automotive Brands Group Agreement 2019, allowing it to be registered as a single-interest employer agreement.

The FWC ordered that the Willawong Warehouse Automotive Brands Group Agreement 2019 be registered as a single-interest employer agreement, effective from the date of the decision. The decision was made in accordance with the provisions of the Fair Work Act 2009, and the agreement was approved on the basis that it met the requirements for registration. The FWC's decision was final and binding, and no further appeal was possible.

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