DECISION

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

Patrick Autocare Pty Limited
(AG2015/1180)

PATRICK AUTOCARE (TRANSPORT NORTH QUEENSLAND) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 12 JUNE 2015

Application for approval of the Patrick Autocare (Transport North Queensland) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Autocare (Transport North Queensland) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Patrick Autocare Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings concerning the definition of a shiftworker, the dispute settlement procedure and the consultation clause, have been provided by the employer and are attached to this decision. The Union was provided with a copy of the undertakings and made no objection to their inclusion.

[3] The model consultation term is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement is approved, subject to the written undertakings provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2015. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Patrick Autocare Pty Limited is a car repair and service company that operates in Queensland. Transport North Queensland is the union representing Patrick Autocare's employees. The union sought approval of an enterprise agreement, which was negotiated with the company. The Fair Work Commission was the tribunal that heard the application. The legal issues before the tribunal were whether the enterprise agreement met the criteria set out in the Fair Work Act 2009, and whether it was in the best interests of the employees.

The tribunal noted that the agreement contained provisions on pay rates, conditions of employment, and dispute resolution mechanisms. The tribunal found that the agreement complied with the statutory requirements and was in the best interests of the employees. The tribunal also noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was not contrary to public policy. The tribunal approved the enterprise agreement.

The tribunal made an order approving the Patrick Autocare (Transport North Queensland) Enterprise Agreement 2014. The order was made on the basis that the agreement met the statutory requirements and was in the best interests of the employees. The tribunal noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was not contrary to public policy. The tribunal's decision was final and binding on the parties.

Patrick Autocare Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established