Burson Automotive Pty Ltd

[2013] FWCA 5777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burson Automotive Pty Ltd
(AG2013/8021)

BURSON AUTOMOTIVE PTY LTD (DISTRIBUTION CENTRE) UNION COLLECTIVE AGREEMENT 2013-2016

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 14 AUGUST 2013

Application for approval of the Burson Automotive Pty Ltd (Distribution Centre) Union Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Burson Automotive Pty Ltd (Distribution Centre) Union Collective Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burson Automotive Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 14 August 2013 and, in accordance with s.54, will operate from 21 August 2013. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Burson Automotive Pty Ltd sought approval of their union collective agreement from the Fair Work Commission. The union collective agreement in question covered the employees of Burson Automotive’s distribution centre for the period 2013 to 2016. The matter was heard by the Fair Work Commission, with Commissioner Ryan presiding.

The central legal issue before the Commission was whether the union collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "good faith" agreement that adhered to the "better off overall test" and was consistent with the Fair Work Act’s objects. The Commission also had to consider if the agreement complied with any applicable minimum entitlements and standards.

The Fair Work Commission examined the terms and conditions of the agreement and the process through which it was negotiated. The Commission found that the agreement was negotiated in good faith and met the better off overall test, as it provided benefits to the employees that outweighed any detriments. The Commission also confirmed that the agreement aligned with the objects of the Fair Work Act and complied with all applicable minimum standards. Consequently, the Commission approved the union collective agreement for the specified period.

The final order of the Fair Work Commission was that the Burson Automotive Pty Ltd (Distribution Centre) Union Collective Agreement 2013-2016 be approved, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established