DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Autocare Pty Limited
(AG2015/6081)

PATRICK AUTOCARE (TRANSPORT VICTORIA) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 24 NOVEMBER 2015

Application for approval of the Patrick Autocare (Transport Victoria) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Autocare (Transport Victoria) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patrick Autocare Pty Limited. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia, Victorian/Tasmanian Branch has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from1 December 2015. The nominal expiry date is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Patrick Autocare Pty Limited and Transport Victoria, and was heard in the Fair Work Commission. The dispute centred around the application for approval of the Patrick Autocare (Transport Victoria) Enterprise Agreement 2015. This agreement was proposed to regulate the employment terms and conditions of workers within the company, specifically those under Transport Victoria's jurisdiction.

The legal issues before the commission involved assessing whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions concerning minimum entitlements, the process by which the agreement was made, and whether it met the ‘better off overall test’. The commission had to determine if the agreement provided for terms and conditions that were not less favourable than the applicable awards or the general industrial awards, and if the agreement was genuinely negotiated between the parties.

The commission found that the enterprise agreement met the necessary criteria for approval. It provided for terms and conditions that were at least as favourable as those in the relevant awards, and it was established through a process that met the procedural fairness requirements. Additionally, the agreement passed the better off overall test, ensuring that employees were not disadvantaged by the new agreement. Consequently, the commission approved the enterprise agreement, acknowledging its compliance with all relevant legislative provisions. The final orders of the commission included the formal approval of the Patrick Autocare (Transport Victoria) Enterprise Agreement 2015, subject to the terms and conditions outlined within the agreement.

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