LSH Auto (Brisbane) Pty Ltd T/A Mercedes-Benz Brisbane

[2019] FWCA 7155

[2019] FWCA 7155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LSH Auto (Brisbane) Pty Ltd T/A Mercedes-Benz Brisbane
(AG2019/3646)

LSH AUTO (BRISBANE) PTY LTD, MERCEDES-BENZ BRISBANE ENTERPRISE AGREEMENT 2019-2022

Vehicle industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 OCTOBER 2019

Application for approval of the LSH Auto (Brisbane) Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the LSH Auto (Brisbane) Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 October 2019. The nominal expiry date of the Agreement is 17 August 2022.

DEPUTY PRESIDENT

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Annexure A