DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Socobell Automotive Pty Ltd
(AG2016/5812)

SOCOBELL AUTOMOTIVE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Socobell Automotive Pty Ltd and National Union of Workers Enterprise Agreement 2016.

[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 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Socobell Automotive 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 10 November 2016 and, in accordance with s.54, will operate from 17 November 2016. The nominal expiry date of the Agreement is 1 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Socobell Automotive Pty Ltd and the National Union of Workers, with the Fair Work Commission as the adjudicating body. The dispute centres on the approval of the Enterprise Agreement between the two parties for the year 2016. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The primary issues before the Commission were whether the agreement contained all the required terms, if it was free from any prohibited content, and if it complied with the good faith bargaining requirements.

The Commission examined the contents of the Enterprise Agreement to ensure it included all necessary terms such as minimum wages, penalties for breaches, and dispute resolution mechanisms. It was also required to assess whether the agreement contained any prohibited content, such as terms that discriminated against employees or imposed unreasonable restrictions on their rights. Furthermore, the Commission considered if the negotiation process adhered to good faith bargaining principles, ensuring that both parties had a genuine attempt to reach an agreement.

In its decision, the Commission found that the Enterprise Agreement satisfied all the legal requirements for approval. It contained all the necessary terms and was free from prohibited content. The negotiation process was deemed to be in good faith, with evidence of meaningful discussions between the parties. The Commission concluded that the agreement met the standards set by the Fair Work Act 2009 and approved the Enterprise Agreement for the specified period.

The final orders included the approval of the Enterprise Agreement, effective from the date of the decision, with a requirement for both parties to comply with its terms and conditions. The Commission also mandated that any disputes arising from the agreement should be resolved through the specified dispute resolution mechanisms outlined within the agreement.

Socobell Automotive 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