Macarthur Autocare Pty Ltd

[2013] FWCA 6723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Macarthur Autocare Pty Ltd
(AG2013/9142)

MACARTHUR AUTOCARE PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 10 SEPTEMBER 2013

Application for approval of the Macarthur Autocare Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Macarthur Autocare Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Macarthur Autocare Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 17 September 2013. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

Macarthur Autocare Pty Ltd recently applied for the approval of the Macarthur Autocare Pty Ltd Enterprise Agreement 2013 before the Fair Work Commission (FWC). The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, as a low paid enterprise agreement. The dispute involved the terms and conditions of employment for the employees covered by the agreement, including pay rates, allowances, and entitlements.

The primary legal issues before the FWC were whether the agreement met the requirements of section 232 of the Act, including whether it provided for pay rates and conditions that were no worse than the relevant award or safety net, and whether it included appropriate mechanisms for the resolution of disputes and the protection of employee rights. The FWC also needed to consider whether the agreement was in the interests of the employees it covered and whether it provided for fair and reasonable terms and conditions of employment.

After considering the evidence and submissions from both parties, the FWC found that the agreement met the requirements of section 232 of the Act. The FWC noted that the agreement provided for pay rates and conditions that were no worse than the relevant award or safety net, and that it included appropriate mechanisms for the resolution of disputes and the protection of employee rights. The FWC also found that the agreement was in the interests of the employees it covered and provided for fair and reasonable terms and conditions of employment. The FWC approved the agreement, and it will now apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established