DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd T/A Talloman
(AG2016/3636)

DERBY INDUSTRIES PTY LTD - ENTERPRISE MAINTENANCE AGREEMENT 2016 (TRADING AS TALLOMAN)

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Derby Industries Pty Ltd - Enterprise Maintenance Agreement 2016 (Trading as Talloman).

[1] An application has been made for approval of an enterprise agreement known as the Derby Industries Pty Ltd - Enterprise Maintenance Agreement 2016 (Trading as Talloman) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Derby Industries Pty Ltd T/A Talloman. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 18 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Derby Industries Pty Ltd, trading as Talloman, applied to the Fair Work Commission for approval of the Enterprise Maintenance Agreement 2016. The agreement aimed to regulate employment conditions for workers in the automotive repair and maintenance industry. The primary dispute centred on whether the proposed agreement adequately met the legal standards set by the Fair Work Act 2009 for enterprise agreements. The Fair Work Commission was tasked with assessing the agreement's compliance with these standards, including its coverage of employees, its provisions on terms and conditions of employment, and whether it was made in good faith.

The legal issues before the Commission included determining whether the agreement covered the appropriate bargaining unit, whether it contained the necessary 'protected action' provisions, and whether it was free from any prohibited content. Additionally, the Commission had to consider whether the agreement was made in good faith and without coercion. The submission of the agreement was contested by various stakeholders, including unions and employee representatives, who raised concerns about the fairness and comprehensiveness of the proposed terms.

In its decision, the Commission examined the submissions and evidence presented by both Derby Industries and the objectors. It found that the agreement met the legislative requirements under the Fair Work Act, including proper coverage of the bargaining unit and the inclusion of necessary provisions. The Commission concluded that the agreement was made in good faith and did not contain any prohibited content. Consequently, the Commission approved the Enterprise Maintenance Agreement 2016, acknowledging its compliance with the legal framework and its potential to provide fair and efficient employment terms for the covered workers.

As a result of the Commission's decision, the Enterprise Maintenance Agreement 2016 was approved and registered. This decision allows Derby Industries, trading as Talloman, to implement the terms of the agreement, which now governs the employment conditions for the specified workforce in the automotive repair and maintenance industry. The approval signifies that the agreement is legally binding and enforceable under the Fair Work Act.

Derby Industries Pty Ltd T/A Talloman

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established