Eastcoast Truck & Bus Services Centre Summary

[2014] FWCA 8381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastcoast Truck & Bus Services Centre
(AG2014/9808)

EASTCOAST TRUCK & BUS SERVICE CENTRE WORKSHOP ENTERPRISE AGREEMENT 2014 - 2017

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the Eastcoast Truck & Bus Services Centre Workshop Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Eastcoast Truck & Bus Service Centre Workshop Enterprise Agreement 2014 -2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastcoast Truck & Bus Service Centre. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 2 December 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Eastcoast Truck & Bus Services Centre Workshop Enterprise Agreement 2014-2017. The applicant, Eastcoast Truck & Bus Services Centre, sought approval of the agreement from the Fair Work Commission. The dispute centred around the terms and conditions of employment for employees in the workshop, particularly regarding pay rates and classifications. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for the pay rates and conditions of employment in a fair and reasonable manner, and whether it complied with the procedural requirements for enterprise agreements under the Fair Work Act. The court also needed to consider whether the agreement was genuinely negotiated and if it met the 'better off overall test', ensuring that employees were not worse off under the agreement than they would be under the applicable award.

The Fair Work Commission found that the agreement did meet the necessary criteria for approval. The commission considered the evidence provided by both parties and determined that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The commission was satisfied that employees would not be worse off under the agreement compared to the applicable award, thus meeting the 'better off overall test'. Consequently, the court approved the Eastcoast Truck & Bus Services Centre Workshop Enterprise Agreement 2014-2017.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, allowing it to come into effect from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the employees covered by the agreement.

Eastcoast Truck & Bus Services Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established