Prixcar Services Pty Ltd Summary

[2013] FWCA 9155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prixcar Services Pty Ltd
(AG2013/11404)

PRIXCAR SERVICES PTY ENTERPRISE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 NOVEMBER 2013

Application for approval of the PrixCar Services Pty Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PrixCar Services Pty Enterprise Agreement 2013 (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.

[4] 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.

[5]
The Agreement was approved on 20 November 2013 and, in accordance with s.54, will operate from 27 November 2013. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Prixcar Services Pty Ltd, sought approval of an enterprise agreement entered into with its employees, represented by the Transport Workers Union. The dispute centred on the interpretation and legality of specific clauses within the proposed agreement, particularly those related to the terms of employment, wage conditions, and the incorporation of national awards. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it complied with the relevant industrial relations laws.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and if it provided for a safety net of minimum wages and conditions. The Commission needed to ensure that the agreement did not undermine the national safety net and that it was not unfairly disadvantageous to the employees. Additionally, the Commission examined whether the agreement contained any provisions that exceeded the permissible scope of enterprise agreements, such as those involving matters that should be reserved for negotiation at a higher industrial level.

After considering the submissions from both parties and reviewing the relevant industrial legislation, the Commission found that the agreement substantially complied with the requirements of the Fair Work Act. The Commission noted that while some provisions could have been more explicit, the overall terms and conditions were fair and reasonable. The agreement was deemed to provide an appropriate safety net and did not exceed the scope of what could be covered under an enterprise agreement. The Commission approved the enterprise agreement, subject to minor amendments to clarify certain provisions.

The final orders included the approval of the PrixCar Services Pty Enterprise Agreement 2013, with the requirement that the applicant make the specified amendments within a stipulated timeframe. The parties were directed to work cooperatively to finalise and implement the agreed changes. The decision underscored the importance of clear and fair negotiation processes in the creation of enterprise agreements.

Prixcar Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established