DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burson Automotive Pty Ltd T/A Burson Auto Parts
(AG2016/4839)

BURSON AUTOMOTIVE PTY LTD (DISTRIBUTION CENTRE) UNION COLLECTIVE AGREEMENT

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Burson Automotive Pty Ltd (Distribution Centre) Union Collective Agreement (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 T/A Burson Auto Parts. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Burson Automotive Pty Ltd, trading as Burson Auto Parts, sought approval of their Distribution Centre Union Collective Agreement. The applicant, the employer, and the Australian Workers Union, representing the employees, engaged in negotiations for the agreement. The Australian Industrial Relations Commission (AIRC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue revolved around whether the agreement complied with the relevant sections of the Fair Work Act. Specifically, the court needed to assess if the agreement met the criteria for good faith bargaining, the inclusion of essential terms, and whether it adhered to the provisions concerning minimum entitlements. Additionally, the court had to consider whether the agreement included terms that were contrary to public policy or were otherwise unenforceable.

The AIRC examined the submissions from both parties and the content of the agreement. The court found that the agreement was the product of genuine negotiations between the employer and the union, meeting the good faith requirement. The agreement contained all essential terms and did not include provisions that were contrary to public policy. Furthermore, the court determined that the agreement adhered to the minimum entitlements outlined in the Fair Work Act. Consequently, the court approved the agreement as compliant with the statutory requirements.

The final orders of the AIRC approved the Distribution Centre Union Collective Agreement between Burson Automotive Pty Ltd and the Australian Workers Union, effective from the date of the decision.

Burson Automotive Pty Ltd T/A Burson Auto Parts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established