DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Town Toyota Pty Ltd T/A New Town Toyota
(AG2015/2551)

NEW TOWN TOYOTA REMOTE SITE COLLECTIVE ENTERPRISE AGREEMENT

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2015

Application for approval of the New Town Toyota Remote Site Collective Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the New Town Toyota Remote Site Collective Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Town Toyota Pty Ltd T/A New Town Toyota. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 15 May 2015 and, in accordance with s.54, will operate from 22 May 2015. The nominal expiry date of the Agreement is 15 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties in this case were New Town Toyota Pty Ltd, trading as New Town Toyota, and the Fair Work Commission. The dispute concerned the approval of the New Town Toyota Remote Site Collective Enterprise Agreement. The matter was heard in the Fair Work Commission.

The legal issues before the Commission involved the assessment of whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to its content, fairness, and procedural fairness in its development. The Commission had to determine if the agreement met the criteria for approval, including ensuring that it provided for fair and reasonable terms and conditions of employment.

The Commission examined the evidence and submissions provided by the parties. It considered the procedural fairness of the agreement's development, the terms of the agreement, and whether they provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement was procedurally fair, as it was developed through a process that involved genuine consultation and negotiation between the parties. It also found that the terms of the agreement were fair and reasonable, as they provided for adequate pay and conditions for the employees covered by the agreement. Consequently, the Commission approved the New Town Toyota Remote Site Collective Enterprise Agreement.

The Fair Work Commission approved the New Town Toyota Remote Site Collective Enterprise Agreement, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the employees covered by the agreement.

New Town Toyota Pty Ltd T/A New Town Toyota

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established