DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prixcar Services Pty Ltd
(AG2016/6598)

PRIXCAR SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the PrixCar Services Pty Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PrixCar Services Pty Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prixcar Services 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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by Prixcar Services Pty Ltd for approval of the PrixCar Services Pty Enterprise Agreement 2016. The dispute arose under the Fair Work Act 2009, with the Fair Work Commission's role being to determine if the agreement met the necessary criteria for registration. The applicant sought to have the agreement registered to ensure its terms were legally binding between the employer and the employees.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the court had to consider if the agreement had been made in accordance with the processes set out in the Act, if it contained the mandatory terms prescribed by the Act, and if it was made in good faith and without coercion. Additionally, the court examined whether the agreement adequately protected the rights and interests of the employees.

The Fair Work Commission found that the agreement met all the necessary criteria. It was established that the agreement was made in compliance with the statutory processes and contained all the mandatory terms required by the Fair Work Act. The Commission also concluded that the agreement was made in good faith and without any coercion, and it provided adequate protections for the employees' rights and interests. Consequently, the court approved the agreement, allowing it to be registered and enforced as a binding contract between the parties.

The final order of the court was that the PrixCar Services Pty Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

Prixcar Services 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