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

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Metro Parking Management Pty Ltd, the applicant, sought approval of the Metro Parking Management Pty Ltd Enterprise Agreement 2015. The applicant was a small business operator, with fewer than 15 employees, and the agreement was made in accordance with the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval under the Act.

The key legal issue was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it was fairly negotiated, and if it contained the necessary minimum terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement did not unfairly discriminate against employees and that it was in the best interests of the employees involved.

The Fair Work Commission found that the agreement was procedurally valid and had been made in good faith. The Commission also determined that the agreement contained all the required minimum terms and conditions and did not unfairly discriminate against any employee. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it provided them with a fair and reasonable set of employment conditions. As such, the Commission approved the Metro Parking Management Pty Ltd Enterprise Agreement 2015.

The Fair Work Commission approved the agreement, and the applicant was authorised to implement the terms and conditions set out in the agreement. This decision provides clarity for small business employers regarding the approval process for enterprise agreements and reinforces the importance of good faith bargaining and fair negotiation in the workplace.

Metro Parking Management Pty Ltd

DECISION

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