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

Attachment A

CaseChat Overview and Summary

The case involved Quality Tyre Sales Pty Ltd, trading as Quality Tyre Sales, and the Australian Manufacturing Workers’ Union. The dispute arose over the application for approval of the Quality Tyre Sales Pty Ltd (NSW) Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, where the Commission was required to determine whether the agreement complied with the relevant statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the enterprise agreement met the procedural fairness requirements and whether it was made in good faith. Specifically, the Commission had to consider whether the employer had appropriately consulted with the employees and their representatives, and whether the agreement contained all the mandatory terms and conditions required by law. Additionally, the Commission needed to examine whether the agreement was consistent with the public interest and whether it was made without coercion, duress, or discrimination.

In delivering its decision, the Commission examined the evidence presented by both parties. The Commission found that the employer had engaged in genuine consultation with the employees and their representatives, and that the agreement contained all the mandatory terms and conditions required by law. The Commission was satisfied that the agreement was made in good faith and was consistent with the public interest. Therefore, the Commission approved the Quality Tyre Sales Pty Ltd (NSW) Enterprise Agreement 2020, finding it to be compliant with all the statutory requirements under the Fair Work Act 2009.

The Commission made an order approving the Quality Tyre Sales Pty Ltd (NSW) Enterprise Agreement 2020, effective from the date of the decision. This decision provided clarity on the compliance of the enterprise agreement with the Fair Work Act 2009, ensuring that both the employer and employees were bound by the terms of the agreement moving forward.

Quality Tyre Sales Pty Ltd T/A Quality Tyre Sales

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established