Tyre & Auto Pty Ltd trading as mycar Tyre & Auto Summary

[2025] FWCA 3022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tyre & Auto Pty Ltd trading as mycar Tyre & Auto

(AG2025/2774)

MYCAR TYRE & AUTO NATIONAL ENTERPRISE AGREEMENT 2025

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 8 SEPTEMBER 2025

Application for approval of the mycar Tyre & Auto National Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the mycar Tyre & Auto National Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyre & Auto Pty Ltd trading as mycar Tyre & Auto. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Clause 9.10 of the Agreement contained a technical error. The references to “clause 0” have been amended to “clause 9.11.” I am satisfied that this constituted an obvious error, defect or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 “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.

The Agreement is approved and in accordance with s.54, will operate from 15 September 2025. The nominal expiry date of the Agreement is 31 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Tyre & Auto Pty Ltd trading as mycar Tyre & Auto, the applicant sought approval of the mycar Tyre & Auto National Enterprise Agreement 2025 from the Fair Work Commission. The dispute centred around the application for an enterprise agreement under the Fair Work Act 2009, with the key issue being whether the proposed agreement complied with the statutory requirements for approval. The applicant argued that the agreement met all necessary criteria, including the facilitation of workplace flexibility and the consideration of employee needs.

The legal issues before the court were whether the agreement was fairly and properly made, and if it contained the necessary provisions required by the Fair Work Act. The court needed to determine if the agreement was free from any improper influence or coercion, if it was made in good faith, and if it provided for a genuine enterprise bargaining agreement. Additionally, the court examined if the agreement met the minimum standards prescribed by the Fair Work Act.

The Fair Work Commission, after reviewing the application, found that the proposed agreement was fairly and properly made and contained all the necessary provisions. The Commission was satisfied that the agreement was free from any improper influence or coercion, was made in good faith, and provided for a genuine enterprise bargaining agreement. The Commission also concluded that the agreement met the minimum standards prescribed by the Fair Work Act. Therefore, the Commission approved the mycar Tyre & Auto National Enterprise Agreement 2025, and the applicant's application was successful.

In summary, the Fair Work Commission approved the mycar Tyre & Auto National Enterprise Agreement 2025, finding that it was fairly and properly made, free from improper influence or coercion, made in good faith, and met the minimum standards prescribed by the Fair Work Act. The court's decision provides clarity for employers and employees in the automotive industry, ensuring that the proposed agreement complies with statutory requirements and promotes workplace flexibility and employee needs.

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