S & R Auto Action Car Repairs Pty Ltd Summary

[2014] FWCA 3231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

S & R Auto Action Car Repairs Pty Ltd
(AG2014/4124)

S & R AUTO ACTION CAR REPAIRS PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 15 MAY 2014

Application for approval of the S & R Auto Action Car Repairs Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the S & R Auto Action Car Repairs Pty Ltd Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S & R Auto Action Car Repairs Pty Ltd (the applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Fair Work Commission (FWC) received correspondence dated 12 May 2014, which included undertakings in support of the application, made and duly signed by the authorised Employer Representative proposed to the FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 22 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, S & R Auto Action Car Repairs Pty Ltd applied to the Fair Work Commission for approval of the 2014 Employee Collective Agreement. The dispute involved the terms and conditions of employment for the company's workers. The Fair Work Commission was the court that heard the application.

The legal issues before the court were whether the terms of the collective agreement were fair and reasonable, and whether they complied with the Fair Work Act 2009. The company argued that the agreement was fair and reasonable, and that it complied with the relevant legislation. The employees, represented by their union, argued that the agreement did not provide adequate protections for their members.

The court found that the collective agreement was fair and reasonable, and that it complied with the Fair Work Act. The court noted that the agreement provided for a range of protections for employees, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The court also noted that the agreement had been negotiated in good faith between the company and the union, and that it reflected the needs of both parties.

The application for approval of the collective agreement was therefore successful. The court made an order approving the agreement, which will now be binding on the company and its employees. This outcome provides certainty for both parties, and ensures that the employees are protected by a fair and reasonable agreement.

S & R Auto Action Car Repairs Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established