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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves LSH Auto (Brisbane) Pty Ltd, trading as Mercedes-Benz Brisbane, which applied to the Fair Work Commission for the approval of the LSH Auto (Brisbane) Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2019-2022. The application was made under section 232 of the Fair Work Act 2009. The applicant sought to have the agreement made by the employer and its employees approved as a registered agreement, which would then be applicable to the employees covered by the agreement.

The legal issues before the court centred on whether the agreement complied with the relevant statutory requirements and whether it was made in accordance with the principles of good faith bargaining. The court had to consider whether the agreement contained all the mandated terms and conditions, including minimum wage rates, penalties for contraventions, and provisions for dispute resolution. Furthermore, the court had to determine if the agreement was genuinely negotiated and not merely a product of coercion or undue influence.

In assessing the agreement, the court examined the evidence presented by both parties and considered the provisions of the Fair Work Act. The court found that the agreement contained all the necessary mandated terms and conditions and was made in accordance with the principles of good faith bargaining. The court concluded that the agreement was genuinely negotiated and not the result of coercion or undue influence. The court approved the agreement, and it was registered as a valid enterprise agreement.

The final orders of the court were that the LSH Auto (Brisbane) Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2019-2022 be approved and registered as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be in effect from 1 July 2019 and would remain in force until 30 June 2022, subject to the provisions of the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established