PrixCar Services Pty Ltd Trading AS PrixCar Summary

[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

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.

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

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

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.

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.

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.

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.

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.

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.

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

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.

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).

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.

This variation will operate from the date of this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The applicant, PrixCar Services Pty Ltd trading as PrixCar, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute centred on the terms and conditions of employment for its staff, particularly in relation to rostering, shift differentials, and penalty rates. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the Commission were primarily whether the proposed terms of the enterprise agreement were fair and reasonable, and if they complied with relevant provisions of the Fair Work Act 2009. This involved assessing the agreement's provisions against various criteria, including whether it provided for appropriate mechanisms for resolving disputes and if it was in line with the Commission's principles for approving enterprise agreements.

The Commission considered the arguments from both parties, examining the balance of the agreement, the bargaining power of the parties, and the overall fairness of the proposed terms. It took into account the nature of the industry, the specific working conditions of the employees, and the necessity for flexibility in rostering. The Full Bench found that while there were areas of concern, the overall agreement was fair and reasonable. It approved the enterprise agreement, highlighting the importance of ongoing dialogue between the parties to address any issues that may arise in its implementation.

The final orders of the Commission included the approval of the Prixcar Services Pty Ltd Enterprise Agreement 2025, subject to the conditions set out in the decision. The agreement was to be registered with the Fair Work Commission, and the terms would govern the employment conditions of the staff until the next review or expiry date. The Commission also mandated ongoing monitoring to ensure compliance with the approved agreement.

PrixCar Services Pty Ltd Trading AS PrixCar

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