Steinborner Motors Pty Ltd T/A Steinborner Holden

[2014] FWCA 5223

FAIR WORK COMMISSION

DECISION

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

Steinborner Motors Pty Ltd T/A Steinborner Holden
(AG2014/6941)

STEINBORNER HOLDEN UNION COLLECTIVE AGREEMENT 2014

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 AUGUST 2014

Application for approval of the Steinborner Holden Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Steinborner Holden Union Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steinborner Motors Pty Ltd T/A Steinborner Holden. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2014. The nominal expiry date of the Agreement is 13 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steinborner Motors Pty Ltd, trading as Steinborner Holden, was involved in a legal proceeding before the Fair Work Commission. The dispute centred on the application for the approval of the Steinborner Holden Union Collective Agreement 2014. The primary issues before the Commission were whether the agreement met the legal requirements for approval and if it provided fair terms and conditions for the employees.

The Commission was tasked with examining various aspects of the agreement, including its compliance with the Fair Work Act 2009 and its conformity with the principles of good faith bargaining and fairness. Key points of contention included the specific terms of employment, the process by which the agreement was negotiated, and whether it met the standards of procedural fairness and substantive fairness. The Commission also considered the impact of the agreement on the employees and the employer, assessing whether it achieved a balance between the interests of both parties.

In its decision, the Commission found that the agreement generally complied with the legal requirements and was the product of good faith bargaining. The Commission acknowledged the complexity of the issues involved but ultimately concluded that the agreement was fair and met the necessary standards. The Commission approved the application for the agreement's approval, recognising the importance of such agreements in regulating workplace relations and ensuring fair outcomes for employees and employers alike.

The Commission's final order was the approval of the Steinborner Holden Union Collective Agreement 2014, subject to the terms and conditions set forth in the decision. This decision underscores the importance of adhering to legal standards and the principles of good faith bargaining in the negotiation and approval of collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established