Lucio Matarazzo Pty Ltd

[2024] FWCA 584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lucio Matarazzo Pty Ltd

(AG2023/5302)

TERRITORY RENT-A-CAR PTY LTD ENTERPRISE AGREEMENT

Retail industry
COMMISSIONER MATHESON	SYDNEY, 12 FEBRUARY 2024

Application for approval of the Territory Rent-A-Car Pty Ltd Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Territory Rent-A-Car Pty Ltd Enterprise Agreement (Agreement). The application was made by Lucio Matarazzo Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The employer covered by the Agreement has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. 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.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2024. The nominal expiry date of the Agreement is 12 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lucio Matarazzo Pty Ltd, sought the Fair Work Commission's approval of the Territory Rent-A-Car Pty Ltd Enterprise Agreement. The dispute arose when the applicant, an employer, sought to implement changes to the terms and conditions of employment of its employees as per the agreement, which was to be made a registered agreement under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was fairly negotiated, met the prescribed conditions for registration, and did not unfairly discriminate against any employee or group of employees. The Commission also needed to consider whether the agreement would have a detrimental effect on employees and whether it included all the prescribed minimum terms and conditions.

The Fair Work Commission found that the agreement had been genuinely negotiated and met all the requirements for registration under the Fair Work Act. The Commission noted that the agreement contained all the prescribed minimum terms and conditions and did not unfairly discriminate against any employee or group of employees. Additionally, the Commission concluded that the agreement would not have a detrimental effect on employees. Consequently, the Commission approved the agreement and ordered that it be registered as a registered agreement under the Fair Work Act.

The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been negotiated in good faith and met all the statutory requirements. The Commission found that the agreement was fair and balanced and provided for the efficient operation of the business while protecting the rights and interests of the employees. The decision was significant as it provided clarity on the requirements for approving enterprise agreements and set a precedent for future applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established