DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preston Motors (Parts Sales) Pty Ltd
(AG2016/445)

PRESTON MOTORS (PARTS SALES) PTY LTD CAMPBELLFIELD BRANCH ENTERPRISE AGREEMENT 2015-2018

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 22 MARCH 2016

Application for approval of the Preston Motors (Parts Sales) Pty Ltd Campbellfield Branch Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Preston Motors (Parts Sales) Pty Ltd Campbellfield Branch 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 (Parts 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. 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.

[3] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 22 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Preston Motors (Parts Sales) Pty Ltd, the Fair Work Commission was called upon to approve an Enterprise Agreement between the company and its employees at the Campbellfield Branch, covering the period from 2015 to 2018. The applicant, Preston Motors, sought approval of the agreement under the Fair Work Act 2009. The dispute centred around the procedural fairness and the proper consideration of the agreement by the Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act, specifically focusing on procedural fairness and the fairness of the terms of the agreement. The Commission had to determine whether the agreement was made in good faith, whether the bargaining process was fair, and if the terms of the agreement were reasonable. The Commission also had to consider whether the agreement appropriately balanced the interests of both parties.

The Fair Work Commission found that the Enterprise Agreement was made in good faith and that the bargaining process was fair. The Commission considered that the terms of the agreement were reasonable and did not unduly favour one party over the other. The Commission concluded that the agreement was appropriately balanced and would not have an adverse effect on the employees' rights. The Commission further found that there were no procedural defects in the approval process that would necessitate a refusal of approval.

As a result of the Commission's findings, the application for approval of the Enterprise Agreement was successful. The Fair Work Commission approved the agreement, which will now govern the employment conditions of the employees at the Campbellfield Branch for the specified period. This decision ensures that the agreement will be binding on the parties and provides clarity and stability in the workplace.

Preston Motors (Parts Sales) 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