Bapcor Limited T/A Bapcor Logistics Services Pty Ltd

[2022] FWCA 2866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bapcor Limited T/A Bapcor Logistics Services Pty Ltd

(AG2022/3311)

Bapcor (Ex-Preston) Warehouse Agreement VIC 2022

Vehicle industry
COMMISSIONER O'NEILL	MELBOURNE, 22 AUGUST 2022

Application for approval of the Bapcor (Ex-Preston) Warehouse Agreement VIC 2022

Bapcor Logistics Services Pty Ltd has applied for approval of an enterprise agreement known as the Bapcor (Ex-Preston) Warehouse Agreement VIC 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bapcor Limited, trading as Bapcor Logistics Services Pty Ltd, applied to the Fair Work Commission for the approval of the Bapcor (Ex-Preston) Warehouse Agreement. The dispute arose from the negotiation of an enterprise agreement between the company and its employees represented by the Australian Manufacturing Workers' Union. The parties could not reach an agreement, leading to the application for approval under the Fair Work Act 2009. The application was heard by the Commission's Deputy President, who was tasked with determining whether the agreement met the requirements for approval.

The legal issues before the Commission included whether the agreement provided for appropriate mechanisms for dispute resolution and whether it complied with the 'better off overall' test. The Commission needed to consider if the proposed agreement was more beneficial to the employees than the existing industrial instruments and whether it contained provisions that would improve the terms and conditions of employment.

In reaching its decision, the Deputy President examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement contained appropriate dispute resolution mechanisms and that it was likely to be more beneficial to the employees than the existing conditions. The Deputy President also noted that the agreement included provisions for improved working conditions, increased wages, and better job security. As a result, the application for approval was granted.

The final orders of the Commission included the approval of the Bapcor (Ex-Preston) Warehouse Agreement. The agreement was to be registered with the Fair Work Commission and would become the new enterprise agreement between Bapcor Limited and its employees, replacing the existing arrangements. The decision was made on the basis that the agreement met the statutory requirements for approval and was likely to be more beneficial to the employees overall.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established