Deverich Pty Ltd t/a Ron Finemore Tyres Summary

[2019] FWCA 6853

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Deverich Pty Ltd t/a Ron Finemore Tyres

(AG2019/3668)

Deverich Enterprise Agreement 2019

Vehicle industry
Deputy President Colman	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Deverich Enterprise Agreement 2019

Deverich Pty Ltd t/a Ron Finemore Tyres has made an application for approval of an enterprise agreement known as the Deverich Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 3 October 2019 and, in accordance with s 54, will operate from 10 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Deverich Pty Ltd trading as Ron Finemore Tyres, applied to the Fair Work Commission for approval of the Deverich Enterprise Agreement 2019. The application arose following the negotiation of the agreement between the applicant and the union representing its employees, the Automotive, Metals and Engineering Employees Union. The dispute centred on the terms of the proposed agreement and whether it complied with the relevant industrial relations laws and regulations.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval, particularly under section 232 of the Fair Work Act 2009. The Commission needed to assess if the agreement provided for a fair and equitable resolution of the terms and conditions of employment for the employees covered by the agreement, and whether it had been negotiated in good faith. Additionally, the Commission examined whether the agreement contained all the prescribed terms and if any mandatory provisions had been correctly addressed.

In delivering its decision, the Commission carefully considered the arguments presented by both the applicant and the union. It examined the process of negotiation and the content of the agreement, including provisions on wages, hours of work, leave, and other employment conditions. The Commission found that the agreement had been negotiated in good faith and that it contained all the prescribed terms. It also concluded that the agreement provided for fair and equitable terms and conditions of employment, meeting the statutory requirements for approval. As a result, the Commission approved the Deverich Enterprise Agreement 2019.

Deverich Pty Ltd t/a Ron Finemore Tyres

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established