Socobell Automotive Pty Ltd T/A Socobell Summary

[2013] FWCA 9872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Socobell Automotive Pty Ltd T/A Socobell
(AG2013/10428)

SOCOBELL AUTOMOTIVE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 DECEMBER 2013

Application for approval of the Socobell Automotive Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Socobell Automotive Pty Ltd and National Union of Workers Enterprise Agreement 2013 the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Socobell Automotive Pty Ltd T/A Socobell. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 23 December 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Socobell Automotive Pty Ltd, trading as Socobell, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2013 entered into with the National Union of Workers. The application was contested by a group of employees, leading to a hearing where the legality and fairness of the agreement were examined. The Fair Work Commission had to determine whether the agreement met the legal requirements for approval and if it contained any unfair terms.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, if it was made in good faith, and if it contained any provisions that were unfair. Additionally, the Commission examined if the agreement was procedurally fair, particularly focusing on the consultation process and the adequacy of information provided to the employees. The Commission also had to consider the impact of the agreement on the employees' rights and protections.

The Fair Work Commission found that the Enterprise Agreement 2013 was genuine, made in good faith, and did not contain any unfair terms. The Commission noted that there was sufficient consultation and information provided to the employees, and that the agreement did not adversely affect the employees' rights and protections. As a result, the application for approval was successful. The Commission approved the Enterprise Agreement 2013, allowing it to come into effect as per its terms.

Socobell Automotive Pty Ltd T/A Socobell

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established