Patrick Autocare Pty Limited

[2014] FWCA 7563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Autocare Pty Limited
(AG2014/7209)

PATRICK AUTOCARE (TRANSPORT TASMANIA) ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 23 OCTOBER 2014

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

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

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

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

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 30 October 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Patrick Autocare Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement. The respondent, Transport Tasmania, objected to the application on the basis that the agreement failed to provide for a fair and reasonable remuneration system. The Fair Work Commission was required to determine whether the agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009, including whether it provided for a fair and reasonable remuneration system.

The Commission considered the provisions of the agreement and the submissions of both parties. The Commission found that the agreement provided for a fair and reasonable remuneration system, as it provided for wage increases in line with industry benchmarks and provided for mechanisms for resolving disputes. The Commission also found that the agreement met all other legal requirements for an enterprise agreement.

The Commission approved the Patrick Autocare (Transport Tasmania) Enterprise Agreement 2014, subject to certain conditions. These conditions included the requirement that the agreement be implemented in accordance with the terms and conditions set out in the agreement and that any disputes arising under the agreement be resolved in accordance with the agreement's dispute resolution procedures. The applicant was ordered to provide Transport Tasmania with a copy of the approved agreement and to take all necessary steps to implement the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established