DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiPARTS Pty Ltd
(AG2015/4233)

MAXIPARTS PTY LTD ENTERPRISE AGREEMENT - WHOLESALE WAREHOUSE 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 AUGUST 2015

Application for approval of the MaxiPARTS Pty Ltd Enterprise Agreement - Wholesale Warehouse 2015.

[1] An application has been made for approval of an enterprise agreement known as the MaxiPARTS Pty Ltd Enterprise Agreement - Wholesale Warehouse 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 August 2015 and, in accordance with s.54, will operate from 1 September 2015. The nominal expiry date of the Agreement is 29 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MaxiPARTS Pty Ltd applied to the Fair Work Commission for approval of the MaxiPARTS Pty Ltd Enterprise Agreement - Wholesale Warehouse 2015. The application was made by the employer under section 231 of the Fair Work Act 2009. The dispute involved employees of MaxiPARTS Pty Ltd who were members of the Shop, Distributive and Allied Employees' Association (SDA).

The primary legal issue before the Commission was whether the enterprise agreement was in the best interests of the employees. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it was likely to promote improved productivity and economic efficiency. Additionally, the Commission considered whether the agreement included appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, penalty rates, and leave entitlements. The agreement also included provisions for dispute resolution mechanisms, including a dispute resolution process that provided for early conciliation and the possibility of mediation. The Commission was satisfied that the agreement promoted improved productivity and economic efficiency and that it included appropriate mechanisms for dispute resolution.

The Fair Work Commission approved the MaxiPARTS Pty Ltd Enterprise Agreement - Wholesale Warehouse 2015, effective from the date of the Commission's decision. The agreement will apply to all employees of MaxiPARTS Pty Ltd who are covered by the agreement.

MaxiPARTS Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established