Metro Parking Management Pty Ltd

[2015] FWCA 5407

[2015] FWCA 5407

FAIR WORK COMMISSION

DECISION

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

Metro Parking Management Pty Ltd
(AG2015/4157)

METRO PARKING MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2015

Building services
DEPUTY PRESIDENT SAMS	SYDNEY, 10 AUGUST 2015

Application for approval of the Metro Parking Management Pty Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Metro Parking Management Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Metro Parking Management Pty Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 37 employees who are employed as car park attendants in New South Wales and Queensland. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees in Queensland were last notified of their representational rights on 8 June 2015 and voting for the Agreement’s approval took place on 8 July 2015. The employees in New South Wales were last notified of the representational rights on 10 June 2015 and voting for the Agreement’s approval took place on 9 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In votes conducted by show of hands, 33 of the 36 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 24 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr B Gibson, General Manager, identified the Car Parking Award 2010 [MA000095] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Gibsonsaid that the Agreement does provide for some terms and conditions that are less beneficial than the Award, including a reduction in the span of hours and a reduced casual loading for Level 2 employees. However, the Agreement provides for higher rates of pay, a more generous loading for work performed during afternoon shifts and enhanced redundancy entitlements for employees with more than two years’ service. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 8 and 9 respectively, and a disputes resolution procedure at clause 1.6 provides for conciliation by the Commission.

[4] At a hearing of the application on 5 August 2015, Ms J van Bronswijk and Ms M Romeo of the Australian Industry Group,appeared for the applicant. Ms van Bronswijk outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Ms van Bronswijk explained that rates of pay are to be increased with reference to the CPI on 1 July of each year during the nominal term of the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Metro Parking Management Pty Ltd Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 12 August 2015 and have a nominal expiry date of 12 August 2018.

DEPUTY PRESIDENT

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