Quality Tyre Sales Pty. Ltd. T/A Quality Tyre Sales

Case [2024] FWCA 1578
[2024] FWCA 1578

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

(AG2024/1295)

QUALITY TYRE SALES PTY. LTD. (VICTORIA) ENTERPRISE AGREEMENT 2024

Retail industry

COMMISSIONER JOHNS

MELBOURNE, 30 APRIL 2024

Application for approval of the Quality Tyre Sales Pty. Ltd. (Victoria) Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (Victoria) Enterprise Agreement 2024 (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 Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. The United Workers’ Union being a bargaining representative for the Agreement, has given 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 organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2024. The nominal expiry date of the Agreement is 19 January 2027.

COMMISSIONER

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Details
AGLC
Quality Tyre Sales Pty. Ltd. T/A Quality Tyre Sales [2024] FWCA 1578
Case
[2024] FWCA 1578
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Quality Tyre Sales Pty. Ltd. (Victoria) Enterprise Agreement 2024. The applicant, Quality Tyre Sales Pty. Ltd., sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the provisions of the proposed agreement, specifically those relating to employee entitlements and working conditions.

The key legal issues the court needed to address were whether the agreement complied with the relevant statutory requirements, particularly the 'better off overall test' (BOOT), and whether it met the standards of procedural fairness. The court also considered whether the agreement contained all the mandated terms and conditions and if it adhered to the requirements for disclosure and negotiation as stipulated by the Fair Work Act.

The Fair Work Commission examined the evidence provided and the submissions made by both parties. The Commission found that the agreement met the BOOT, ensuring that employees were not worse off financially and had some improved terms and conditions. The Commission also concluded that the negotiation process had been conducted fairly and in compliance with the necessary legal procedures. As such, the application for approval was successful.

Consequently, the Fair Work Commission approved the Quality Tyre Sales Pty. Ltd. (Victoria) Enterprise Agreement 2024, effective from the date of the decision. The agreement now legally binds the employer and the employees, outlining the terms and conditions of employment as set forth in the approved document.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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