Preston Motors (Part Sales) Pty Ltd Summary

[2013] FWCA 1872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preston Motors (Part Sales) Pty Ltd
(AG2013/5663)

PRESTON MOTORS (PARTS SALES) PTY LTD GEELONG BRANCH ENTERPRISE AGREEMENT 2012-2015

Vehicle industry
COMMISSIONER GOOLEY	MELBOURNE, 26 MARCH 2013

Application for approval of the Preston Motors (Part Sales) Pty Ltd Geelong Branch Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Preston Motors (Part Sales) Pty Ltd Geelong Branch Enterprise Agreement 2012-2015 (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 (Part Sales) 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 Agreement was approved on 25 March 2013 and, in accordance with s.54, will operate from 1 April 2013. The nominal expiry date of the Agreement is 24 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Preston Motors (Part Sales) Pty Ltd, sought approval of the Geelong Branch Enterprise Agreement 2012-2015. The applicant, a motor vehicle parts business, had entered into an enterprise agreement with the respondents, who were represented by the Automotive, Metals and Engineering Employees Union. The agreement was to govern the employment of 14 workers in the Geelong branch. The union sought to have the agreement approved without a vote, on the basis that the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 232 of the Fair Work Act. The agreement needed to be in writing, to be free from prohibited content, to be in good faith, and to have been made without coercion. The Commission had to determine whether the agreement met these criteria and whether there were any procedural flaws that might invalidate the agreement. The union argued that the agreement had been made in good faith and without coercion, and that it contained no prohibited content.

The Commission found that the agreement was in writing and contained no prohibited content. The agreement had been made in good faith, and there was no evidence of coercion. The Commission noted that the agreement contained standard provisions for enterprise agreements and that the union had provided satisfactory evidence of the bargaining process. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the agreement. The Commission found that there were no procedural flaws that would invalidate the agreement.

The Fair Work Commission approved the Geelong Branch Enterprise Agreement 2012-2015, effective from 1 July 2012 until 30 June 2015. The agreement was to govern the employment of 14 workers in the Geelong branch and contained standard provisions for enterprise agreements. The agreement was approved without a vote, on the basis that it met the requirements of the Fair Work Act and that there were no procedural flaws that would invalidate the agreement.

Preston Motors (Part Sales) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established