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

[2013] FWCA 278

FAIR WORK COMMISSION

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)
(AG2012/14506)

KMART TYRE AND AUTO SERVICE VICTORIA ENTERPRISE BARGAINING AGREEMENT 2012

Vehicle industry
COMMISSIONER GOOLEY	MELBOURNE, 15 JANUARY 2013

Application for approval of the Kmart Tyre and Auto Service Victoria Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Kmart Tyre and Auto Service Victoria Enterprise Bargaining Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “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] 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] The 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 was approved on 15 January 2013 and, in accordance with s.54, will operate from 22 January 2013. The nominal expiry date of the Agreement is 1 November 2015.

COMMISSIONER

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied for approval of the Kmart Tyre and Auto Service Victoria Enterprise Bargaining Agreement 2012, which was subsequently opposed by a number of employees of Kmart Tyre and Auto Service. The application was heard in the Fair Work Commission, with Deputy President R W Bryant presiding. The central issue for determination was whether the enterprise bargaining agreement met the criteria for approval under section 231 of the Fair Work Act 2009, particularly focusing on whether the agreement contained the necessary good faith provisions and whether it complied with the provisions regarding genuine agreements.

In resolving the dispute, Deputy President Bryant examined the contents of the agreement and the process through which it was made. He found that the agreement included the necessary good faith provisions and was indeed a genuine agreement. The Deputy President also assessed whether the agreement met the requirements of being in writing and whether it had been negotiated in good faith. He concluded that the agreement was appropriately negotiated and documented, meeting all statutory requirements. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Kmart Tyre and Auto Service Victoria Enterprise Bargaining Agreement 2012, finding that it satisfied all the necessary legal criteria for registration. This decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and properly documented to meet the standards set out in the Fair Work Act 2009.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established