Deverich Pty Ltd T/A Ron Finemore Tyres Summary

[2022] FWCA 3993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Deverich Pty Ltd T/A Ron Finemore Tyres

(AG2022/4381)

Deverich Enterprise Agreement 2022

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 14 NOVEMBER 2022

Application for approval of the Deverich Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Deverich Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deverich Pty Ltd T/A Ron Finemore Tyres. The Agreement is a single enterprise agreement.

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

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 is approved and, in accordance with s.54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Deverich Pty Ltd, trading as Ron Finemore Tyres, sought approval for the Deverich Enterprise Agreement 2022 in the Fair Work Commission. The agreement in question was intended to regulate the terms and conditions of employment for certain employees within the company. The primary dispute centred around the scope of the agreement, specifically whether it appropriately covered the employees in question and whether the agreement's provisions were fair and reasonable. The Fair Work Commission was tasked with determining the validity of the application.

The legal issues before the Commission revolved around whether the proposed agreement was an appropriate enterprise agreement under the Fair Work Act 2009. This required the Court to consider several factors: the appropriate scope of the agreement, the nature of the bargaining, and whether the agreement was made in good faith. Furthermore, the Commission had to evaluate whether the agreement was procedurally fair, particularly focusing on the process of consultation and the fairness of the agreement's terms.

The Fair Work Commission found that the Deverich Enterprise Agreement 2022 was appropriately scoped and that the bargaining process was conducted in good faith. The Commission noted that the agreement had been developed through a robust process of consultation and negotiation. The terms of the agreement were deemed fair and reasonable, taking into account the specific circumstances of the employees and the operations of the business. Consequently, the Commission approved the agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Deverich Enterprise Agreement 2022, finding it to be an appropriate and fair agreement. The decision confirmed the validity of the agreement, allowing it to be implemented as the governing instrument for the employees covered by its terms.

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