Quality Tyre Sales Pty. Ltd. T/A Quality Tyre Sales

[2024] FWCA 1334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quality Tyre Sales Pty. Ltd. T/A Quality Tyre Sales

(AG2024/758)

QUALITY TYRE SALES PTY. LTD. (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2024

Retail industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 15 APRIL 2024

Application for approval of the Quality Tyres Sales Pty. Ltd. (South Australia) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (South Australia) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quality Tyre Sales Pty. Ltd. T/A Quality Tyre Sales. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 20 – Abandonment of Employment.

However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2024. The nominal expiry date of the Agreement is 18 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quality Tyre Sales Pty Ltd, trading as Quality Tyre Sales, applied for approval of an enterprise agreement with its employees. The Fair Work Commission heard the application. The nature of the dispute involved the terms and conditions of employment outlined in the proposed agreement, which the applicants sought to have recognised and enforced as a lawful enterprise agreement.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which the agreement was formed and whether it complied with the provisions for fair and independent bargaining. Additionally, the Commission had to determine if the agreement covered the necessary procedural fairness, included all mandatory provisions, and provided appropriate protections for employees.

The Commission found that the agreement was fairly negotiated and met the necessary procedural requirements. It also contained all mandatory terms and conditions prescribed by the Act. The agreement provided for fair and equitable terms for both the employer and the employees, and it was made in good faith and without coercion. Consequently, the Commission approved the enterprise agreement, recognising it as a lawful agreement under the Fair Work Act. The decision emphasised the importance of fair bargaining and the protection of employees' rights in the context of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established