Deverich Pty Limited Trading AS Ron Finemore Tyres

[2025] FWCA 2541

[2025] FWCA 2541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Deverich Pty Limited Trading AS Ron Finemore Tyres

(AG2025/2192)

DEVERICH ENTERPRISE AGREEMENT 2025

Vehicle industry
COMMISSIONER ALLISON	MELBOURNE, 31 JULY 2025

Application for approval of the Deverich Enterprise Agreement 2025

1. Deverich Pty Limited Trading As Ron Finemore Tyres (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Deverich Enterprise Agreement 2025 (the Agreement).

1. The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Under s.205A(2), the workplace delegates’ rights term in Clause 34A of the Vehicle Repair, Services and Retail Award 2020 (the Award) is taken to be a term of the Agreement.

1. The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 20, relating to family and domestic violence leave, provides unpaid leave entitlements, inconsistent with s.106A of the Act which provides for family and domestic violence leave at 10 days of paid leave for all employees.

• Clause 26, relating to redundancy, provides for redundancy where the employer decides it has too many permanent employees, inconsistent with s.119 of the Act, where the employee’s job is no longer required to be done by anyone.

1. However, noting clause 3.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 25.3 of the Award provides for a penalty rate of 150% where shiftworkers work less than 5 consecutive afternoon or nightshifts. The Agreement is silent on a penalty for non-consecutive shiftwork, presenting a concern that shiftworkers under the agreement may receive a lower penalty rate for working non-consecutive afternoon or night shifts than shiftworkers under the Award. To resolve this concern the Employer provided an undertaking that incorporates clause 25.3 of the Award into the Agreement.

1. Clause 24.5 of the Award provides for a minimum engagement period of 4 hours for overtime worked on Sundays. The Agreement is silent on this entitlement. To resolve this issue the Employer provided an undertaking that incorporates clause 24.5 of the Award into the Agreement.

1. Clause 11.1.1 of the Agreement relating to leading hand allowance is below the equivalent allowance in the award and does not specify that leading hand allowances will be increased in line with the Award. To resolve this concern, the Employer provided an undertaking that the allowance will be increased in line with the Award.

1. Clause 11.4 of the Agreement relating to motor vehicle allowance specifies that the allowance will increase but does not specify that it will be in line with the Award. For clarity, the Employer provided an undertaking that the allowance will be increased in line with the Award.

1. 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

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Annexure A