Quality Tyre Sales Pty Ltd T/A Quality Tyre Sales

[2023] FWCA 1127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quality Tyre Sales Pty Ltd T/A Quality Tyre Sales

(AG2023/930)

QUALITY TYRE SALES PTY. LTD. (QUEENSLAND) ENTERPRISE AGREEMENT 2023

Vehicle industry
COMMISSIONER SIMPSON	BRISBANE, 20 APRIL 2023

Application for approval of the Quality Tyre Sales Pty. Ltd. (Queensland) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (Queensland) Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved the approval of the Quality Tyre Sales Pty. Ltd. (Queensland) Enterprise Agreement 2023. The applicant, Quality Tyre Sales, sought approval for the agreement under the Fair Work Act 2009. The nature of the dispute was the procedural fairness and the compliance of the agreement with the relevant industrial laws.

The legal issues at the heart of this case revolved around whether the agreement was made in accordance with the requirements of the Fair Work Act, specifically whether the necessary procedural fairness was observed in its negotiation and execution. This included verifying that the agreement was not made under any duress or coercion and that it was genuinely negotiated between the parties. Additionally, the court needed to assess whether the terms of the agreement were consistent with the provisions of the Act and whether they provided for fair and reasonable terms for the employees.

The Fair Work Commission, in its decision, examined the process through which the agreement was negotiated and executed. The Commission found that the agreement was made in a procedurally fair manner, with evidence that all necessary steps were taken to ensure genuine negotiation. The Commission also concluded that the terms of the agreement were fair and reasonable, providing adequate protections and benefits to the employees, and were compliant with the Fair Work Act. The Commission approved the enterprise agreement, recognising its compliance with the legislative requirements.

The final orders of the Commission were to approve the Quality Tyre Sales Pty. Ltd. (Queensland) Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to adhere to the terms and conditions outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established