DECISION

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

SMR Automotive Australia Pty Ltd
(AG2017/6366)

SMR AUTOMOTIVE AUSTRALIA PTY LTD, AWU/AMWU CERTIFIEDAGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2018

Application for approval of the SMR Automotive Australia Pty Ltd, AWU/AMWU Certified Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SMR Automotive Australia Pty Ltd, AWU/AMWU Certified Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SMR Automotive Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers' Union and Australian Manufacturing Workers' Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2018. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

SMR Automotive Australia Pty Ltd applied to the Fair Work Commission for approval of a certified agreement which had been made with the Automotive Workers Union and the Australian Manufacturing Workers Union. The applicants were a motor vehicle dealership, and the unions were trade unions representing employees in the motor vehicle manufacturing and distribution industry. The Fair Work Commission was the body responsible for approving the agreement under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the public interest and if it provided for the fair and equitable treatment of employees. The Commission also had to consider if the agreement provided for appropriate mechanisms for resolving disputes and if it did not undermine the existing industrial relations system.

The Commission found that the agreement met the criteria for approval. The agreement contained provisions that were in the public interest, including those that aimed to improve the working conditions of employees in the motor vehicle industry. The agreement also provided for the fair and equitable treatment of employees, including provisions for minimum wages and conditions, and appropriate mechanisms for resolving disputes. The Commission was satisfied that the agreement did not undermine the existing industrial relations system and was consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the SMR Automotive Australia Pty Ltd, AWU/AMWU Certified Agreement 2017, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's provisions on penalty rates and shift differentials to ensure they were consistent with the relevant awards. The Commission also required the parties to provide additional information to ensure the agreement was properly implemented and complied with the Fair Work Act.

SMR Automotive Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established