Quality Tyre Sales Pty Ltd T/A Quality Tyre Sales

[2020] FWCA 2767

[2020] FWCA 2767

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
(AG2020/1140)

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

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Attachment A