DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Auto (Australia) Pty Ltd T/A Mercedes-Benz Brisbane
(AG2016/5992)

STAR AUTO (BRISBANE) PTY LTD, MERCEDES-BENZ BRISBANE ENTERPRISE AGREEMENT 2016-2019

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Star Auto (Brisbane) Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Star Auto (Brisbane) Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Star Auto (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 17 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the Star Auto (Brisbane) Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2016-2019, was heard by the Fair Work Commission. The applicant, Star Auto, sought approval of the agreement as a modern award under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for being a modern award, including whether it provided for the minimum entitlements and provided a safety net for employees.

The legal issues the court had to decide included whether the agreement provided for minimum entitlements as required by section 216 of the Fair Work Act 2009, and whether it was procedurally valid and fair. The key issue was whether the agreement provided for minimum entitlements, including wages, leave, and other conditions, in a manner that complied with the statutory framework. The court also had to consider whether the agreement was procedurally sound, with proper consultation and negotiation between the parties.

In its decision, the Fair Work Commission found that the agreement did provide for the minimum entitlements and was procedurally valid. The Commission noted that the agreement contained terms that met or exceeded the minimum standards set out in the relevant modern awards. The Commission also found that the agreement was the product of genuine bargaining between the parties, with adequate consultation and negotiation. The Commission approved the agreement as a modern award, subject to certain conditions and modifications.

The Commission made several orders to ensure that the agreement met the requirements of the Fair Work Act 2009. These included an order that the agreement be certified as a modern award, with modifications to certain provisions to ensure compliance with the Act. The Commission also made orders relating to the enforcement of the agreement and the resolution of disputes under its terms. Overall, the court found that the agreement was fair and reasonable, and met the criteria for approval as a modern award.

Star Auto (Australia) Pty Ltd T/A Mercedes-Benz Brisbane

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established