DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Autocare Pty Limited
(AG2015/259)

PATRICK AUTOCARE (TRANSPORT SOUTH QUEENSLAND) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 MARCH 2015

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

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

[2] In responding to a concern, raised by me via my associate, regarding the definition of shiftworkers for the purposes of the National Employment Standards (NES), the Company responded in the following terms:

“We accept that there is no definition of a shift worker in the Agreement however we accept the definition contained with the Award which is referenced in the Agreement and set out in your email.

For the purposes of annual leave provisions and the NES, a shift worker is defined as an employee who is employed on a site in which shifts are continually rostered 24 hours a day for 7 days a week and the employee is regularly rostered to work those shifts and regularly works on Sundays and public holidays.

We do not have any employees who qualify under this criteria or are asked to perform duties in line with this definition.

We hope that this clarifies any concern.

Regards,
Mark Lew
National HR & People Dev Manager - Patrick Autocare

Patrick Bulk and Automotive Port Services”

[3] I am satisfied that the information and clarification provided by the Company meet my concern.

[4] I am also satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 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 applied to the Fair Work Commission for approval of the Patrick Autocare (Transport South Queensland) Enterprise Agreement 2014. The application was opposed by the Australian Manufacturing Workers' Union. The primary dispute centred around the fairness and validity of certain clauses within the proposed agreement, particularly those relating to the classification of employees and their associated pay rates.

The legal issues before the Commission involved determining whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. Key concerns included whether the agreement provided for a fair and reasonable remuneration package for the employees and if the process of agreement-making met the procedural fairness standards mandated by the Act. Additionally, the Commission had to consider if the agreement was made in good faith and without coercion.

In its decision, the Fair Work Commission thoroughly examined the evidence presented by both parties. The Commission concluded that the proposed agreement did not adequately address the concerns raised by the union regarding the classification of employees and their remuneration. Furthermore, the Commission found that the process of agreement-making did not fully comply with the procedural fairness requirements. Consequently, the application for approval was dismissed. The Commission emphasised the importance of fair and transparent processes in the agreement-making process, highlighting areas for improvement in future negotiations.

The Commission's final orders mandated that the proposed agreement could not be approved in its current form. The parties were directed to re-engage in negotiations with a focus on addressing the outstanding issues, particularly those related to employee classification and remuneration, in a manner that ensures procedural fairness and good faith. The Commission reserved the right to review any subsequent agreement made in accordance with these directives.

Patrick Autocare Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established