DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bapcor Limited T/A Automotive Brands Group
(AG2021/4387)

WILLAWONG WAREHOUSE AUTOMOTIVE BRANDS GROUP AGREEMENT 2019

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 APRIL 2021

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

[1] An application has been made for approval of a variation to the Willawong Warehouse Automotive Brands Group Agreement 2019 (the Agreement). The application was made by Bapcor Limited T/A Automotive Brands Group pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 1 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the case of Bapcor Limited T/A Automotive Brands Group saw the company, Bapcor, applying for a variation of the Willawong Warehouse Automotive Brands Group Agreement 2019. The application was brought about by Bapcor seeking changes to the terms and conditions of the agreement governing the employment of certain workers at the Willawong Warehouse. The case was before Judge Bairstow who was tasked with determining whether the proposed changes to the agreement were reasonable and warranted.

The primary legal issue that the court needed to address was whether the proposed variations to the Willawong Warehouse Automotive Brands Group Agreement 2019 were justifiable and in line with the principles set out in the Fair Work Act 2009. The court had to consider if the variations were necessary to ensure that the agreement remained relevant and effective in the current economic and operational context. The court also had to assess if the changes would unfairly disadvantage any party and if the process of negotiation and consultation was properly followed.

In delivering the judgment, Judge Bairstow found that the proposed variations were reasonable and justified, given the evolving nature of the industry and the need for flexibility in the agreement. The court held that the variations did not unfairly disadvantage any party and were in line with the principles of good faith bargaining and fairness as outlined in the Fair Work Act. The court also noted that the process of negotiation and consultation was thorough and appropriate, leading to the conclusion that the variations were warranted. The application for the variation of the Willawong Warehouse Automotive Brands Group Agreement 2019 was therefore granted.

The final orders of the court confirmed the approval of the variations to the Willawong Warehouse Automotive Brands Group Agreement 2019, allowing Bapcor to implement the changes in the employment agreement as proposed. The decision underscored the importance of adapting employment agreements to the changing circumstances while ensuring that the rights and interests of all parties are protected.

Bapcor Limited T/A Automotive Brands Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established