DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Auto (Australia) Pty Ltd T/A Mercedes-Benz Sydney
(AG2015/4896)

STAR AUTO (AUSTRALIA) PTY. LTD, MERCEDES-BENZ SYDNEY ENTERPRISE AGREEMENT 2015

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Star Auto (Australia) Pty. Ltd, Mercedes-Benz Sydney Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Star Auto (Australia) Pty. Ltd, Mercedes-Benz Sydney Enterprise Agreement 2015 (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 T/A Mercedes-Benz Sydney. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[5] The Agreement was approved on 28 September 2015 and, in accordance with s.54, will operate from 5 October 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Star Auto (Australia) Pty Ltd, trading as Mercedes-Benz Sydney, applied for the approval of their Enterprise Agreement 2015. The application was made before the Fair Work Commission (FWC) which was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred around various terms and conditions of employment stipulated in the agreement, including wages, hours of work, and other employment-related matters. The applicant argued that the agreement fairly represented the interests of the employees, while no formal objections were raised by the employees themselves.

The legal issues that the FWC had to address included whether the agreement complied with the good faith bargaining requirements and if it contained all the mandatory terms prescribed by the Fair Work Act. Additionally, the Commission had to consider if the agreement was in the best interests of the employees and if it facilitated a harmonious, productive, and efficient workplace. The FWC needed to ensure that the agreement did not discriminate against any group of employees and that it provided adequate mechanisms for dispute resolution.

The FWC, after reviewing the application and the contents of the proposed agreement, found that it met all the necessary statutory requirements. The Commission determined that the agreement was made in good faith and contained all the mandatory terms as stipulated by the Act. Furthermore, the FWC concluded that the agreement was in the best interests of the employees and did not discriminate against any group. The FWC also found that the agreement included appropriate provisions for dispute resolution. Consequently, the FWC approved the Enterprise Agreement 2015, finding it to be compliant with the legislative framework.

The final orders of the FWC were to approve the Star Auto (Australia) Pty Ltd, Mercedes-Benz Sydney Enterprise Agreement 2015, effective from the date of the decision. The approval ensured that the terms and conditions set out in the agreement would govern the employment relationship between the company and its employees, subject to the ongoing obligations under the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established