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
(AG2020/1140)

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

Vehicle industry
COMMISSIONER BOOTH	BRISBANE, 27 MAY 2020

Application for approval of the Quality Tyre Sales Pty. Ltd. (Queensland) 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. (Queensland) Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

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

[3] The Applicant provided submissions and undertakings on 19 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 Wacol & Townsville QLD – Wage Rates and Allowances” (Schedule 1) signed and filed with the Commission on 19 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] Subject to 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.

[9] The United Workers Union (UWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the UWU.

[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 applicant, Quality Tyre Sales Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the respondent being the Automotive, Metals and Engineering Employees Union of Australia. The dispute centred on the terms and conditions of employment for the employees covered by the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it contained the necessary "no disadvantage test" provisions. This test ensures that the agreement does not place employees in a worse position than they would be under the applicable award or registered agreement. Additionally, the Commission considered whether the agreement complied with the "good faith" bargaining requirement, which mandates that negotiations must be conducted in good faith and that the agreement reflects the outcomes of those negotiations.

In reaching its decision, the Commission examined the content of the proposed agreement and the evidence provided by both parties. It determined that the agreement satisfied the no disadvantage test, as it did not place employees in a worse position than they would be under the applicable award. The Commission also found that the negotiations were conducted in good faith and that the agreement reflected the outcomes of those negotiations. Consequently, the Commission approved the Quality Tyre Sales Pty Ltd (Queensland) Enterprise Agreement 2020.

As a result of the decision, the approved enterprise agreement is now legally binding on the parties involved, providing a framework for the terms and conditions of employment for the employees covered by the agreement. The approval ensures that the agreement complies with the requirements of the Fair Work Act and protects the rights of both employers and employees.

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