DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiPARTS Pty Ltd
(AG2019/3853)

MAXIPARTS PTY LTD ENTERPRISE AGREEMENT - WHOLESALE WAREHOUSE 2019

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the MaxiPARTS Pty Ltd Enterprise Agreement - Wholesale Warehouse 2019.

[1] An application has been made for approval of an enterprise agreement known as the MaxiPARTS Pty Ltd Enterprise Agreement - Wholesale Warehouse 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MaxiPARTS Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2019. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of MaxiPARTS Pty Ltd, the applicant sought approval of the Enterprise Agreement - Wholesale Warehouse 2019 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for warehouse employees within the company, and whether the proposed agreement met the necessary standards under Australian labour law. The Fair Work Commission was tasked with determining if the agreement was fair and appropriate for the employees.

The primary legal issues the court had to decide were whether the agreement provided for a fair and reasonable set of terms for the employees, and whether it complied with the provisions of the Fair Work Act 2009. The court needed to assess if the agreement met the "better off overall test" (BOOT), which required that employees would not be worse off financially by being subject to the agreement. Additionally, the court had to ensure that the agreement did not undermine the fundamental rights of employees as protected under the Fair Work Act.

The Fair Work Commission found that the proposed agreement did meet the necessary standards and was fair and reasonable for the employees. The court concluded that the agreement provided for terms and conditions that were not less favourable than the relevant award or safety net award, and it did not undermine the fundamental rights of the employees. Furthermore, the agreement satisfied the BOOT, as it was demonstrated that the employees would be better off overall with the new terms compared to their previous conditions. Consequently, the court approved the Enterprise Agreement - Wholesale Warehouse 2019.

In summary, the Fair Work Commission approved the Enterprise Agreement - Wholesale Warehouse 2019, finding that it provided for fair and reasonable terms and conditions for the employees, met the BOOT, and did not undermine the fundamental rights of the employees. This decision serves as a precedent for future agreements between employers and employees in the wholesale warehouse industry, ensuring that any proposed agreement is subject to the scrutiny of the Fair Work Commission.

MaxiPARTS Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established