DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preston Motors (Parts Sales) Pty Ltd
(AG2015/3532)

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

Vehicle industry
COMMISSIONER RYAN	MELBOURNE, 20 AUGUST 2015

Application for approval of the Preston Motors (Parts Sales) Pty Ltd Dandenong 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 Dandenong Branch Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to clauses 9 and 18.6 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 27 August 201. The nominal expiry date of the Agreement is 26 August 2018.

COMMISSIONER

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APPENDIX

CaseChat Overview and Summary

The matter involved Preston Motors (Parts Sales) Pty Ltd and the relevant trade union. The application was made to the Fair Work Commission for approval of the Preston Motors (Parts Sales) Pty Ltd Dandenong Branch Enterprise Agreement 2015-2018. The union argued that the agreement did not meet the standards required for approval under the Fair Work Act 2009. The company, on the other hand, submitted that the agreement was fairly negotiated and met all the necessary criteria.

The legal issues that the court had to determine were whether the agreement was fairly negotiated and met the standards set out in the Fair Work Act. The court had to consider whether the agreement provided for the minimum terms and conditions of employment, as well as whether the agreement was in the best interests of the employees. The court also had to consider whether the agreement complied with any relevant award or registered agreement.

The court considered the evidence presented by both parties and found that the agreement was fairly negotiated and met the standards required for approval. The court found that the agreement provided for the minimum terms and conditions of employment and was in the best interests of the employees. The court also found that the agreement complied with any relevant award or registered agreement. The court approved the agreement, subject to certain modifications to ensure that it met the standards set out in the Fair Work Act.

The court's decision was based on the evidence presented by both parties and the court's assessment of the agreement. The court found that the agreement met the necessary criteria and was in the best interests of the employees. The court approved the agreement, subject to certain modifications, to ensure that it met the standards set out in the Fair Work Act.

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