DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Motor Service Pty Ltd T/A Premier Illawarra
(AG2017/5168)

PREMIER MOTOR SERVICE PTY LTD AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 JANUARY 2018

Application for approval of the Premier Motor Service Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Premier Motor Service Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premier Motor Service Pty Ltd T/A Premier Illawarra. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 January 2018 and, in accordance with s.54, will operate from 30 January 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Premier Motor Service Pty Ltd, trading as Premier Illawarra, applied to the Fair Work Commission for approval of a Fair Work Agreement with the Transport Workers’ Union of Australia. The union sought various terms including wage increases and allowances for their members employed by Premier Illawarra. The application was opposed by the Motor Trades Association of Australia (Vic), which argued that the agreement would set an undesirable precedent and adversely affect other employers and employees in the industry. The court was required to determine if the agreement met the statutory criteria for approval, including whether it was made in good faith and promoted harmonious, productive, and cooperative workplace relations.

The court examined the evidence and submissions from both parties to ascertain whether the agreement was genuinely negotiated and met the statutory requirements. The court considered the nature of the negotiations, the terms of the agreement, and the evidence regarding the impact on the industry. The court noted that the agreement contained provisions for wage increases and allowances, which were a result of genuine negotiations between the parties. The court further considered the evidence provided by the union and Premier Illawarra that the agreement was necessary to address the specific circumstances of their workplace and would promote harmonious, productive, and cooperative workplace relations.

The court was satisfied that the agreement was made in good faith and met the statutory requirements for approval. The court found that the agreement was genuinely negotiated and contained provisions that were necessary to address the specific circumstances of the workplace. The court also found that the agreement would promote harmonious, productive, and cooperative workplace relations. The court approved the agreement and made an order accordingly. The union and Premier Illawarra were directed to take all necessary steps to give effect to the agreement. The Motor Trades Association of Australia (Vic)’s application for costs was dismissed.

Premier Motor Service Pty Ltd T/A Premier Illawarra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established