MaxiPARTS Operations Pty Ltd

[2025] FWCA 2802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

MaxiPARTS Operations Pty Ltd

(AG2025/2535)

MAXIPARTS OPERATIONS PTY LTD ENTERPRISE AGREEMENT - WHOLESALE WAREHOUSE 2025

Retail industry
COMMISSIONER CONNOLLY	MELBOURNE, 21 AUGUST 2025

Application for approval of the MaxiPARTS Operations Pty Ltd Enterprise Agreement - Wholesale Warehouse 2025.

An application has been made for approval of an enterprise agreement known as the MaxiPARTS Operations Pty Ltd Enterprise Agreement - Wholesale Warehouse 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by MaxiPARTS Operations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 August 2025.

On 13 August 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

The Applicant has provided written undertakings, dated 14 August 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application for approval of the MaxiPARTS Operations Pty Ltd Enterprise Agreement - Wholesale Warehouse 2025 was before the Fair Work Commission. The dispute arose from the negotiation and proposed agreement between MaxiPARTS Operations Pty Ltd and their employees, specifically those in the wholesale warehouse sector. The company sought to have the enterprise agreement approved by the Commission, a necessary step to ensure its enforceability under Australian labour law. The employees' representatives also participated in the proceedings, raising concerns about certain provisions of the agreement.

The primary legal issues that the Commission had to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the terms and conditions of employment, the process through which the agreement was negotiated, and whether it met the "better off overall test" required for the agreement to be deemed fair and reasonable. The Commission also needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission examined the negotiation process and found it to be fair and in compliance with the legal requirements. The Commission considered the terms and conditions proposed in the agreement and assessed whether they provided for a fair and reasonable outcome for the employees. The Commission concluded that the agreement met the better off overall test, as it provided employees with better terms and conditions than they would have under the applicable award. The Commission approved the agreement, finding it to be fair and reasonable in all respects.

The Fair Work Commission approved the MaxiPARTS Operations Pty Ltd Enterprise Agreement - Wholesale Warehouse 2025. This decision provides legal certainty to both the employer and employees, ensuring that the terms and conditions of employment are governed by the agreed-upon provisions rather than the applicable award. The approval of the agreement by the Commission is a significant step towards maintaining a harmonious workplace and resolving potential disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established