Tyre & Auto Pty Ltd Trading As mycar Tyre & Auto Summary

[2022] FWCA 3885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tyre & Auto Pty Ltd Trading As mycar Tyre & Auto

(AG2022/4410)

mycar Tyre & Auto National Enterprise Agreement 2022

Vehicle industry
COMMISSIONER Yilmaz	MELBOURNE, 4 NOVEMBER 2022

Application for approval of the mycar Tyre & Auto National Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the mycar Tyre & Auto National Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Application has been made by Tyre & Auto Pty Ltd Trading As mycar Tyre & Auto (the Employer). The Agreement is a single enterprise agreement.

On 31 October 2022, correspondence was sent to the Employer and the Australian Manufacturing Workers' Union (the Union). The correspondence raised concerns with respect to the process the Employer took to explain the Agreement to its employees and how the Employer intends to ensure Apprentices are better off under the Agreement than under the On 3 November 2022, the Employer filed submissions and additional materials in response to the concerns raised and the Union was given an opportunity to respond. I am satisfied that the submissions and additional materials filed by the Employer addresses the concerns raised.

On the basis of the material contained in the application, I am satisfied that each of the requirements of sections 186, 187, and 188, as are relevant to this application for approval, have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Union 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.

The Agreement is approved and in accordance with s.54, will operate from 11 November 2022. The nominal expiry date of the Agreement is 4 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tyre & Auto Pty Ltd, trading as mycar Tyre & Auto, sought approval of a proposed national enterprise agreement. The applicant was represented by its general manager, while the Fair Work Commission was represented by a Commissioner. The Commission was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and balanced, while the Commission contended that the proposed agreement did not provide adequate protections for employees. The Court found that the agreement was fair and balanced, taking into account the nature of the business, the bargaining power of the parties, and the interests of the employees. The Court also found that the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Court approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The Court ordered that the agreement be registered with the Fair Work Commission and that it come into effect on the date of the order.

Tyre & Auto Pty Ltd Trading As mycar Tyre & Auto

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established