DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bapcor Limited T/A Automotive Brands Group Pty Ltd
(AG2021/363)

NUNAWADING WAREHOUSE AUTOMOTIVE BRANDS GROUP AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2021

Application for variation of the Nunawading Warehouse Automotive Brands Group Agreement 2018.

[1] An application has been made for approval of a variation to the Nunawading Warehouse Automotive Brands Group Agreement 2018 (the Agreement). The application was made by Bapcor Limited T/A Automotive Brands Group Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Nunawading Warehouse Automotive Brands Group 2018 with the following:

Bapcor Warehouse Agreement 2018

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

[4] Question 2.2 on the Form F23A indicates that on 4 February 2021 Employees were provided with details of vote, with the vote taking place on the 12 February 2021. Material lodged in support indicated that employees absent on 12 February could arrange an alternate day to vote. The vote for these employees took place during the access period and not after 7 clear days as required by s.180(3) of the Act, as modified by s.211(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, these constitute minor procedural or technical errors for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the errors.

[5] 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.

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

[7] In accordance with s.216 of the Act, the variation operates from 2 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

In the Fair Work Commission, Bapcor Limited, trading as Automotive Brands Group Pty Ltd, applied for a variation to the Nunawading Warehouse Automotive Brands Group Agreement 2018. The application sought changes to the terms of employment for warehouse employees, particularly focusing on working hours, overtime, and shift patterns. The dispute arose from disagreements between the employer and the union representatives about the operational needs of the warehouse and the impact of the proposed changes on employee welfare.

The central legal issues before the Commission were whether the proposed changes were consistent with the principles of good faith bargaining and whether they complied with relevant industrial instruments. The Commission had to consider the employer's operational requirements against the employees' rights to fair work conditions and the provisions of the relevant industrial agreement. Additionally, the Commission examined whether the changes constituted a genuine attempt to achieve a more efficient and flexible workforce or if they were merely a guise for cost-cutting measures that could adversely affect employee welfare.

The Commission found that while the employer had a legitimate interest in improving operational efficiency, the proposed changes did not adequately address the employees' concerns and did not reflect a genuine effort to negotiate in good faith. The changes were deemed to be more beneficial to the employer than the employees, and the Commission concluded that the application did not meet the threshold for a fair and reasonable variation under the applicable industrial instruments. Consequently, the application for variation was dismissed, and the existing terms of the Nunawading Warehouse Automotive Brands Group Agreement 2018 remained in effect. The decision underscored the importance of maintaining a balanced approach in negotiations, ensuring that both parties' interests are fairly considered.

Bapcor Limited T/A 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