Quality Tyre Sales Pty Ltd Summary

[2023] FWCA 1935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quality Tyre Sales Pty Ltd

(AG2023/1620)

QUALITY TYRE SALES PTY. LTD. (NSW) ENTERPRISE AGREEMENT 2023

Vehicle industry
COMMISSIONER MCKINNON	SYDNEY, 28 JUNE 2023

Application for approval of the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2023

Quality Tyre Sales Pty Ltd has applied for approval of a single enterprise agreement known as the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2023 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 5 July 2023. The nominal expiry date of the Agreement is 19 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Quality Tyre Sales Pty Ltd applied for approval of the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2023. The applicant, Quality Tyre Sales Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment as set out in the proposed enterprise agreement, including issues related to wages, hours of work, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement provided for minimum terms and conditions, including minimum wages, penalty rates, and other entitlements. The Commission also had to consider whether the agreement had been made in good faith and whether it had been appropriately negotiated. Further, the Commission examined whether the agreement complied with the requirements for simplification, clarity, and transparency.

The Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The Commission noted that the agreement provided for minimum terms and conditions in accordance with the Fair Work Act 2009. It determined that the agreement had been made in good faith and had been appropriately negotiated. The Commission also found that the agreement was clear, transparent, and had been simplified as required by the Act. Consequently, the Commission approved the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2023.

The Commission's decision was made under the authority of the Fair Work Act 2009. The approved enterprise agreement is to be registered with the Fair Work Commission and will apply to the employees of Quality Tyre Sales Pty Ltd in New South Wales. The approval is effective from the date specified in the agreement and will remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009.

Quality Tyre Sales Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established