LSH Auto (Brisbane) Pty Ltd T/A Mercedes-Benz Brisbane
[2022] FWCA 4540
•21 December 2022
| [2022] FWCA 4540 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
LSH Auto (Brisbane) Pty Ltd T/A Mercedes-Benz Brisbane
(AG2022/5060)
LSH Auto (Brisbane) Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2022-2025
| Vehicle industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 21 DECEMBER 2022 |
Application for approval of the LSH Auto (Brisbane) Pty Ltd – Mercedes-Benz Brisbane Enterprise Agreement 2022-2025
An application has been made for approval of an enterprise agreement to be known as the LSH Auto (Brisbane) Pty Ltd – Mercedes-Benz Brisbane Enterprise Agreement 2022-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by LSH Auto (Brisbane) Pty Ltd T/A Mercedes-Benz Brisbane (Employer). The Agreement is a single enterprise agreement.
NERR issue
There was an issue raised by the Commission with the Employer regarding the provision of the NERR on company letterhead.[1] Having regard to the submissions of the Employer provided on 20 December 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]
Undertakings
The Employer has provided written undertakings dated 20 December 2022. 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 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 and 190 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 28 December 2022. The nominal expiry date of the Agreement is 28 December 2025.
DEPUTY PRESIDENT
Annexure A
[1] Noting the requirements of s.174(1A) of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and the decision of the Full Bench of the Commission in Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[3] Ibid.
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