PrixCar Services Pty Ltd Trading AS PrixCar

[2025] FWCA 2804

[2025] FWCA 2804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

PrixCar Services Pty Ltd Trading AS PrixCar

(AG2025/2538)

PRIXCAR SERVICES PTY LTD ENTERPRISE AGREEMENT 2025

Vehicle industry
COMMISSIONER CONNOLLY	MELBOURNE, 22 AUGUST 2025

Application for approval of the Prixcar Services Pty Ltd Enterprise Agreement 2025.

Approval

1. An application has been made for approval of an enterprise agreement known as the Prixcar Services Pty Ltd Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by PrixCar Services Pty Ltd Trading AS PrixCar (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 8 August 2025.

1. On 13 August 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

1. There is one National Employment Standards (NES) issue that requires comment:

·   Personal/carer’s leave notice: Clause 32 provides that an Employee must make all reasonable effort to advise their Manager/Supervisor as soon as reasonably practical prior to the Employee's normal start time on the first day of absence. However, it also provides that if it is not reasonably practicable for the Employee to give prior notice of absence due to circumstance beyond the Employee's control, the Employee shall notify the Manager/Supervisor as soon as practicable (which may be a time after the leave has started) as per s.107(2)(a) of the NES.

1. Clause 3.4 of the Agreement acts as an effective NES precedence clause, in that it states that “This Agreement shall be read in conjunction with the National Employment Standards (‘NES’). Where there is inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.” As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

1. The Applicant has provided written undertakings, dated 15 August 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2025. The nominal expiry date is 30 September 2028.

Variation

1. It was identified by the Commission that the title clause of the Agreement was inconsistent with the title of the Agreement contained in the NERR and the title of the Agreement contained in the Applicant’s Form F16.

1. The Applicant has written to Chambers and advised that the correct title of the Agreement is ‘Prixcar Services Pty Ltd Enterprise Agreement 2025’ and confirmed that this was a clerical error. Having reviewed the error contained the Agreement, it is apparent in my view that such errors would fall within the scope of s. 218A(1).

1. Accordingly, the Agreement published with this Decision is varied to reflect the correct title of the Agreement, being Prixcar Services Pty Ltd Enterprise Agreement 2025.

1. This variation will operate from the date of this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530155  PR790946>

ANNEXURE A