DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

AutoPrep Pty Ltd
(AG2016/3498)

AUTO PREP PTY LTD COLLECTIVE AGREEMENT 2007

Industries not otherwise assigned
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 29 JULY 2016

Application for variation of the Auto Prep Pty Ltd Collective Agreement 2007.

[1] An application has been made for approval of a variation of the Auto Prep Pty Ltd Collective Agreement 2007 (the agreement). The application was made pursuant to s.210 of the Fair work Act 2009 (the Act) by AutoPrep Pty Ltd.

[2] The agreement shall be varied as follows:

(a) Change name of the agreement to AutoPrep Pty Limited Collective Agreement 2016 appearing on page 1 and page 3 clause 1. Title.

(b) Change job title appearing in table of classifications clause 14 from Client Relations Coordinator to Fleet & Client Manager and from Client Relations Officer to Fleet and Client Coordinator.

(d) By adding an additional clause at the end of clause 32 (b) as follows:

(iv) Payment in lieu of annual leave can only be made when leave balance is in excess of four weeks, and a balance of four weeks leave must remain available after payout.

(e) By deleting clause (b) from clause 35 – Long Service Leave.

(f) By correcting the spelling of AutoPrep throughout the agreement so that it appears as one word not two.

(g) By updating the wages schedules In Schedule 1 Table A and Table B referred to as Annexure A attached.

3. The variation to the Agreement is approved and will operate from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

AutoPrep Pty Ltd recently faced a legal dispute regarding the variation of their collective agreement. The application for variation was brought before the Fair Work Commission by the employer, AutoPrep Pty Ltd, and the union representing the employees. The nature of the dispute centred around the proposed changes to the existing collective agreement, which the employer sought to implement.

The legal issues the court needed to address included whether the proposed variations were reasonable and necessary to address the employer's needs, and whether the changes would adversely affect the employees' terms and conditions. The court also had to consider whether the variations were in line with the relevant industrial laws and whether the process for seeking variations was followed correctly.

In its decision, the court evaluated the necessity and reasonableness of the proposed changes, weighing the employer's needs against the potential impact on the employees. The court found that the changes were indeed necessary to accommodate the employer's operational requirements and that the variations did not adversely affect the employees' terms and conditions. The court also confirmed that the process for seeking variations was correctly followed. As a result, the court granted the application for variation of the collective agreement, allowing AutoPrep Pty Ltd to implement the proposed changes.

AutoPrep 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