Covs Parts Pty Ltd T/A Covs Summary

[2014] FWCA 7661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Covs Parts Pty Ltd T/A Covs
(AG2014/9216)

COVS ENTERPRISE AGREEMENT 2014

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2014

Application for approval of the Covs Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Covs Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Covs Parts Pty Ltd T/A Covs (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Covs Parts Pty Ltd T/A Covs was the applicant in the Fair Work Commission, seeking approval of the Covs Enterprise Agreement 2014. The dispute centred on whether the agreement, which was submitted to the Commission for approval, complied with the necessary legal and procedural requirements under the Fair Work Act 2009. The respondents to the application included various unions representing employees affected by the agreement. The crux of the matter was the scrutiny of the agreement to ensure it adhered to the provisions of the Act, particularly concerning its fairness and compliance with statutory obligations.

The legal issues that the Commission had to address included whether the agreement was genuinely negotiated and whether it contained all the mandatory terms required by the Act. Additionally, the Commission needed to determine if the agreement was fair and if it had been properly certified by the relevant industrial officers. The fairness test required consideration of various factors, including whether the agreement would have been negotiated in the absence of any unfair conduct and whether it provided for appropriate safeguards for employees.

The Fair Work Commission, after a detailed examination of the agreement, found that it was genuinely negotiated and contained all the necessary mandatory terms. The Commission also determined that the agreement was fair, taking into account the economic and social context in which it was made. The Commission noted that while there were some issues raised by the respondents, they did not reach the threshold of unfairness that would warrant disapproval of the agreement. Consequently, the application for approval was successful. The Commission approved the Covs Enterprise Agreement 2014, allowing it to take effect from the date of the decision.

Covs Parts Pty Ltd T/A Covs

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established