DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premoso Pty Ltd T/A Holden Special Vehicles Pty Ltd
(AG2018/3397)

HOLDEN SPECIAL VEHICLES COLLECTIVE AGREEMENT 2018-2020

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Holden Special Vehicles Collective Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Holden Special Vehicles Collective Agreement 2018-2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Premoso Pty Ltd T/A Holden Special Vehicles Pty Ltd involved a dispute regarding the approval of the Holden Special Vehicles Collective Agreement 2018-2020. The applicant, Premoso Pty Ltd, trading as Holden Special Vehicles Pty Ltd, sought approval of the agreement from the Fair Work Commission. The respondents, representing employees of the company, argued against the approval of the agreement. The matter was heard in the Fair Work Commission, which is an Australian independent statutory body with the authority to make legally binding decisions on workplace relations matters.

The primary legal issue before the court was whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was consistent with the principles of the Fair Work Act. The court also had to consider if the agreement was made in good faith, and if it provided for the protection of employees' rights and interests. Additionally, the court needed to assess if the agreement was consistent with the general principles of the law, and if it provided for fair and reasonable mechanisms for the resolution of disputes.

After considering the arguments of both parties, the Fair Work Commission found that the Holden Special Vehicles Collective Agreement 2018-2020 met the criteria for approval. The court held that the agreement provided for fair and reasonable terms and conditions of employment, and was consistent with the principles of the Fair Work Act. The court also found that the agreement was made in good faith, and provided for the protection of employees' rights and interests. Furthermore, the court determined that the agreement was consistent with the general principles of the law, and provided for fair and reasonable mechanisms for the resolution of disputes. Accordingly, the court approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Holden Special Vehicles Collective Agreement 2018-2020, and made an order to that effect. The court's decision was binding on both parties, and the agreement became the legally enforceable terms and conditions of employment for the employees of Premoso Pty Ltd. The approval of the agreement ensured that the employees of the company would be protected by fair and reasonable terms and conditions of employment, and that any disputes would be resolved in accordance with the mechanisms provided for in the agreement.

Premoso Pty Ltd T/A Holden Special Vehicles Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established