Premoso Pty Ltd T/A Holden Special Vehicles

[2014] FWCA 2391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premoso Pty Ltd T/A Holden Special Vehicles
(AG2014/4121)

HOLDEN SPECIAL VEHICLES COLLECTIVE AGREEMENT 2014 - 2015

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 9 APRIL 2014

Application for approval of the Holden Special Vehicles Collective Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Holden Special Vehicles Collective Agreement 2014 – 2015 (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. 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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.

[5] The Agreement was approved on 9 April 2014 and, in accordance with s.54, will operate from 16 April 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Premoso Pty Ltd, trading as Holden Special Vehicles, which applied for the approval of the Holden Special Vehicles Collective Agreement 2014-2015. This application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the minimum terms and conditions mandated by the Act, and if it allowed for the proper operation of the enterprise. Additionally, the Commission needed to assess whether the agreement included any unfair content and if it was made in accordance with the procedural requirements stipulated by the Act.

In delivering its decision, the Commission noted that the agreement provided for all the minimum terms and conditions required by the Act, and it ensured the proper operation of the enterprise. The Commission found that the agreement did not contain any unfair content and was made following the necessary procedural requirements. Consequently, the Commission approved the Holden Special Vehicles Collective Agreement 2014-2015, confirming that it complied with all the relevant legislative provisions.

The final orders of the Commission were to approve the Holden Special Vehicles Collective Agreement 2014-2015, which will now be binding on all employees and employers covered by the agreement. The Commission's decision ensures that the agreement provides for fair and reasonable terms and conditions for the employees while also maintaining the effective operation of the enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established