DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preston Motors (Parts Sales) Pty Ltd
(AG2016/4217)

PRESTON MOTORS (PARTS SALES) PTY LTD GEELONG BRANCH ENTERPRISE AGREEMENT 2016-2019

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Preston Motors (Parts Sales) Pty Ltd Geelong Branch Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Preston Motors (Parts Sales) Pty Ltd Geelong Branch Enterprise Agreement 2016-2019 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 9 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was tasked with approving the Preston Motors (Parts Sales) Pty Ltd Geelong Branch Enterprise Agreement 2016-2019. The applicant, Preston Motors, sought approval of the agreement which involved various terms and conditions of employment for the workers covered by the agreement. The applicant argued that the proposed agreement was fair and reasonable, while the respondent, the Automotive, Metals and Engineering Employees Union, raised concerns about the agreement's fairness and compliance with the relevant legislative provisions. The matter was heard by the Commission in Melbourne.

The primary legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable in all its terms. The Commission had to consider the agreement's compliance with the Fair Work Act 2009, including whether it met the 'better off overall test', and whether it was free from any unlawful content. Additionally, the Commission had to assess if the agreement provided for appropriate mechanisms for dispute resolution and the protection of employees' rights.

In determining whether the agreement was fair and reasonable, the Commission examined various aspects of the proposed terms and conditions, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission noted that the agreement provided for a wage increase and improvements in certain working conditions. However, the Commission also identified some areas of concern, such as the proposed reduction in the number of full-time employees and the potential impact on job security. After carefully considering all the evidence and arguments presented by both parties, the Commission concluded that the agreement was fair and reasonable in all its terms. The Commission found that the agreement met the better off overall test and was free from any unlawful content. The Commission also noted that the agreement provided for appropriate mechanisms for dispute resolution and the protection of employees' rights.

The Commission approved the Preston Motors (Parts Sales) Pty Ltd Geelong Branch Enterprise Agreement 2016-2019, subject to certain minor modifications to address the concerns raised during the hearing. The approved agreement will now govern the terms and conditions of employment for the workers covered by the agreement for the specified period.

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