DECISION

Fair Work Act 2009
s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2016/288)

KMART TYRE & AUTO SERVICE NSW/ACT ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 24 MARCH 2016

Application for approval of the Kmart Tyre & Auto Service NSW/ACT Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kmart Tyre & Auto Service NSW/ACT Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The Agreement is a single enterprise agreement.

[2] Kmart Tyre and Auto Pty Ltd t/as Kmart Tyre & Auto Service 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2016. The nominal expiry date of the Agreement is 23 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) made an application to the Fair Work Commission for the approval of the Kmart Tyre & Auto Service NSW/ACT Enterprise Agreement 2015. The dispute centred around whether the agreement met the necessary legal standards for approval, particularly in terms of its provisions for employee representation and the process for resolving disputes. The Fair Work Commission was tasked with determining whether the agreement provided adequate protection for employees and complied with the relevant legislative requirements.

The primary legal issues the court had to decide were whether the enterprise agreement appropriately balanced the interests of employees and employers and whether it complied with the Fair Work Act 2009. A critical aspect of this was the examination of the agreement's provisions regarding the establishment and operation of a workplace bargaining committee, the mechanisms for resolving disputes, and the overall fairness of the terms to the employees. The court also needed to assess whether the agreement had been made in good faith and whether it met the minimum standards set out in the Fair Work Act.

The Fair Work Commission found that the agreement was fair and balanced, providing adequate protections for the employees. The court noted that the agreement established a workplace bargaining committee that would facilitate ongoing communication between the union and the employer. The commission also highlighted that the dispute resolution mechanisms within the agreement were effective and complied with the statutory requirements. Based on these findings, the court approved the enterprise agreement, confirming its compliance with the necessary legal standards and its fairness to the employees involved.

The final order of the commission was to approve the Kmart Tyre & Auto Service NSW/ACT Enterprise Agreement 2015, effective from the date of the decision. The agreement was deemed to be in accordance with the Fair Work Act, and the commission determined that it provided a fair and reasonable outcome for all parties involved.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established