Quality Tyre Sales Pty Ltd T/A Quality Tyre Sales

[2020] FWCA 2761

[2020] FWCA 2761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Quality Tyre Sales Pty Ltd T/A Quality Tyre Sales
(AG2020/1155)

QUALITY TYRE SALES PTY. LTD. (NSW) ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER BOOTH	BRISBANE, 27 MAY 2020

Application for approval of the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Quality Tyre Sales Pty Ltd T/A Quality Tyre Sales (the Applicant) for approval of the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representative on 13 May 2020, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and undertakings on 18 May 2020, addressing the concerns raised.

[4] In its undertakings, the Applicant advised that employees will be paid in accordance with rates of pay detailed in the “PROPOSED – QTS Wetherill Park NSW – Wage Rates and Allowances” (Schedule 1) signed and filed with the Commission on 18 May 2020 but which does not form part of the Agreement.

[5] Schedule 1 is publicly accessible on the Commission’s file should an employee or relevant union request to access it.

[6] The rates of pay are not in the Agreement itself, as such I am satisfied that there is no redacting being made to the Agreement which would cause conflict with the decision of AWU v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FCWFB 7501.

[7] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to his Decision as Attachment A.

[8] I observe the consultation term in clause 12 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] Subject to the matters raised at paragraphs [5]-[8] and the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 19 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508142  PR719678>

Attachment A