DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyre and Auto Pty Ltd T/A Kmart Tyre & Auto Service
(AG2018/3167)

TYRE & AUTO PTY LTD T/AS KMART TYRE AND AUTO SERVICE SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER PLATT	ADELAIDE, 29 OCTOBER 2018

Application for approval of the Tyre & Auto Pty Ltd T/AS Kmart Tyre and Auto Service South Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tyre & Auto Pty Ltd T/AS Kmart Tyre and Auto Service South Australia Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tyre and Auto Pty Ltd T/A Kmart Tyre & Auto Service. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 October 2018.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Tyre & Auto Pty Ltd T/A Kmart Tyre and Auto Service South Australia Enterprise Agreement 2018. The applicant, Tyre and Auto Pty Ltd, sought to have the agreement registered as a single-enterprise agreement, recognising the specific terms and conditions applicable to employees working at the tyre and auto service centres operated under the Kmart brand in South Australia. The dispute centred on whether the proposed agreement met the statutory requirements for approval and registration under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it contained all the required terms as stipulated by the Act, and whether the agreement had been fairly negotiated. Additionally, the Commission had to consider whether the agreement met the requirements for single-enterprise agreements, including the necessity of covering a single enterprise and whether the agreement had been made in good faith. The applicant argued that the agreement was comprehensive, inclusive of all required terms, and had been fairly negotiated, while no objections were raised by the relevant employees.

In reaching its decision, the Commission examined the provisions of the Fair Work Act and the content of the proposed agreement. The Commission found that the agreement was genuinely made by the parties, contained all the mandatory terms, and was negotiated in good faith. The Commission also determined that the agreement met the requirements for a single-enterprise agreement, covering a single enterprise as it related to tyre and auto service centres under the Kmart brand in South Australia. Accordingly, the application for approval was successful, and the agreement was registered.

The Commission approved the Tyre & Auto Pty Ltd T/A Kmart Tyre and Auto Service South Australia Enterprise Agreement 2018, confirming its compliance with the statutory requirements for registration. The agreement now serves as a legally binding document governing the terms and conditions of employment for the relevant employees in South Australia.

Tyre and Auto Pty Ltd T/A Kmart Tyre & Auto Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established