DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preston Motors (Holdings) Pty Ltd T/A Preston Motors Epping
(AG2016/2351)

PRESTON MOTORS EPPING ENTERPRISE AGREEMENT 2015 - 2018

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 23 MARCH 2016

Application for approval of the Preston Motors Epping Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Preston Motors Epping Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Preston Motors (Holdings) Pty Ltd T/A Preston Motors Epping. 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 30 March 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418321 PR578250

CaseChat Overview and Summary

Preston Motors (Holdings) Pty Ltd, trading as Preston Motors Epping, applied to the Fair Work Commission for approval of the Preston Motors Epping Enterprise Agreement 2015-2018. The application followed negotiations between the employer and the employees' union, the Automotive, Metals and Engineering Employees Union. The nature of the dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The court tasked with deciding the matter was the Fair Work Commission.

The legal issues before the court included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether the agreement was fairly negotiated, and whether it was in the best interests of the employees. Additionally, the court had to consider if the agreement was likely to have a detrimental effect on the employees’ job security, terms and conditions of employment or overall economic position. The court also needed to determine if the agreement would promote workplace harmony.

In delivering the decision, the Fair Work Commission found that the agreement contained all the mandatory terms and was fairly negotiated. The court also concluded that the agreement was in the best interests of the employees and would not have a detrimental effect on their job security, terms and conditions of employment, or overall economic position. Furthermore, the court found that the agreement would promote workplace harmony. Based on these findings, the court approved the Preston Motors Epping Enterprise Agreement 2015-2018.

Preston Motors (Holdings) Pty Ltd T/A Preston Motors Epping

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established