DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premoso Pty Ltd T/A Holden Special Vehicles
(AG2016/2774)

HOLDEN SPECIAL VEHICLES COLLECTIVE AGREEMENT 2016 - 2017

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 17 MAY 2016

Application for approval of the Holden Special Vehicles Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Holden Special Vehicles Collective Agreement 2016 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premoso Pty Ltd t/a Holden Special Vehicles Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automative, Food, Metals, Engineering, Printed and Kindred Industries Union” (AMWU) 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.

[7] The Agreement was approved on 17 May 2016 and, in accordance with s.54, will operate from 24 May 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was asked to consider an application for approval of the Holden Special Vehicles Collective Agreement 2016-2017. The applicants were Premoso Pty Ltd, trading as Holden Special Vehicles (HSV), and the United Voice union. The application arose from negotiations between the parties under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for HSV's employees, including wages, hours of work, and other workplace entitlements.

The primary legal issues before the FWC were whether the proposed agreement was in the public interest and whether it met the statutory criteria for approval under the Fair Work Act. The FWC had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the various legislative requirements, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. Additionally, the FWC needed to consider the impact of the agreement on the broader workforce and the industrial relations system.

In its decision, the FWC carefully examined the evidence and submissions from both parties. The FWC determined that the proposed agreement provided for fair and reasonable terms and conditions of employment, taking into account the unique nature of the HSV business and the specific needs of its workforce. The FWC found that the agreement was consistent with the principles of the national workplace relations system and that it did not undermine the public interest. The FWC concluded that the agreement was in the public interest and met the statutory criteria for approval under the Fair Work Act.

The FWC approved the Holden Special Vehicles Collective Agreement 2016-2017, effective from the date of the decision. The agreement now provides the basis for the terms and conditions of employment for HSV's employees for the specified period. The decision underscores the importance of ensuring that collective agreements balance the interests of employers and employees while also aligning with broader legislative and public policy objectives.

Premoso Pty Ltd T/A Holden Special Vehicles

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established