DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiPARTS Pty Ltd
(AG2016/3595)

MAXIPARTS PTY LTD ENTERPRISE AGREEMENT - WHOLESALE WAREHOUSE 2016

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 26 JULY 2016

Application for approval of the MaxiPARTS Pty Ltd Enterprise Agreement - Wholesale Warehouse 2016.

[1] An application has been made for approval of an enterprise agreement known as the MaxiPARTS Pty Ltd Enterprise Agreement - Wholesale Warehouse 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The Agreement was approved on 26 July 2016 and, in accordance with s.54, will operate from 2 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by MaxiPARTS Pty Ltd for approval of the Wholesale Warehouse 2016 Enterprise Agreement. The application was brought under the Fair Work Act 2009, which provides a framework for the resolution of workplace disputes and the regulation of workplace relations. The dispute centred around the terms and conditions of employment for the employees in the wholesale warehouse sector of the company.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for a minimum rate of pay and conditions that complied with the safety net of minimum wages and conditions set out in the Act, and if it was free from prohibited content. The Commission also needed to consider whether the agreement had been made in good faith and whether it had been appropriately certified.

The Commission found that the proposed agreement was compliant with the minimum safety net provisions and contained no prohibited content. The agreement provided for a rate of pay and conditions that were at least equivalent to the relevant award or modern award. The Commission was satisfied that the agreement had been made in good faith and was appropriately certified. Consequently, the Commission approved the Wholesale Warehouse 2016 Enterprise Agreement, allowing it to be registered and thereby becoming legally binding on the parties involved.

The Fair Work Commission's decision to approve the agreement sets a precedent for similar applications and provides clarity on the requirements for Enterprise Agreements under the Fair Work Act. The approval ensures that the employees in the wholesale warehouse sector of MaxiPARTS Pty Ltd are covered by a legally binding agreement that meets the necessary standards and protections provided by the Act.

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