| [2024] FWCA 2096 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Harvey’s Towing Qld Pty Ltd T/A Harvey’s Towing Services
(AG2024/1761)
HARVEY’S ENTERPRISE AGREEMENT 2024
| Vehicle industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 6 JUNE 2024 |
Application for approval of the Harvey’s Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Harvey’s Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Harvey's Mechanical & Welding Services Pty Ltd, Harvey’s Towing QLD Pty Ltd trading as Harvey’s Towing Service, the South East Queensland Investments Pty Ltd trading as Coastbay Auto Service Centre, and the Midcoast Towing QLD Pty Ltd trading as Midcoast Towing (Employers). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 5 June 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Vehicle Repair, Services and Retail Award 2020 and the Clerks – Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 6 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524934 PR775752>
Annexure A
- AGLC
- Harvey's Towing Qld Pty Ltd T/A Harvey's Towing Services [2024] FWCA 2096
- Case
- [2024] FWCA 2096
- Decision Date
CaseChat Overview and Summary
The key legal issues the court had to address involved whether the proposed agreement met the requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for a safety net of minimum wages and conditions, facilitated by the Fair Work Commission, and whether it contained fair terms that did not unduly discriminate against any employee. Furthermore, the court examined whether the agreement had been genuinely negotiated between the employer and the employees.
In reaching its decision, the court examined the processes through which the agreement was negotiated and the terms contained within it. The court noted that the negotiation process was transparent and involved genuine bargaining between the parties. Additionally, the court assessed the fairness of the terms, concluding that they provided for a fair and reasonable safety net of minimum wages and conditions. The court was satisfied that the proposed agreement did not unfairly discriminate against any employee and met the legislative requirements under the Fair Work Act 2009. Therefore, the court approved the Harvey’s Enterprise Agreement 2024.
The final order was that the Harvey’s Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the approval. This decision ensures that the terms of the agreement will apply to the employees covered by it, providing a clear framework for their employment conditions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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