| [2014] FWCA 6993 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ULR Automotive Group Pty Ltd T/A ULR Land Rover
(AG2014/9103)
ULR AUTOMOTIVE GROUP [SPARE PARTS] ENTERPRISE BARGAINING AGREEMENT 2014
Vehicle industry | |
DEPUTY PRESIDENT GOOLEY | MELBOURNE, 6 OCTOBER 2014 |
Application for approval of the ULR Automotive Group [Spare Parts] Enterprise Bargaining Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the ULR Automotive Group [Spare Parts] Enterprise Bargaining 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 ULR Automotive Group Pty Ltd T/A ULR Land Rover. 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 3 October 2014 and, in accordance with s.54, will operate from 10 October 2014. The nominal expiry date of the Agreement is 2 October 2018.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code G, AE410490 PR556234>
ANNEXURE A
- AGLC
- ULR Automotive Group Pty Ltd T/A ULR Land Rover [2014] FWCA 6993
- Case
- [2014] FWCA 6993
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address included whether the bargaining agreement was genuinely an enterprise bargaining agreement, whether it was made in good faith, and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to consider if the agreement met the statutory requirements for registration and approval, and whether it provided for minimum terms and conditions as mandated by the Act.
The court found that the ULR Automotive Group [Spare Parts] Enterprise Bargaining Agreement 2014 was indeed an enterprise bargaining agreement that complied with all relevant statutory requirements. The agreement was considered to be genuinely made and to provide for minimum terms and conditions. The court also determined that the agreement was made in good faith and was not contrary to public policy. Consequently, the application for approval was upheld, and the enterprise bargaining agreement was registered.
In summary, the Fair Work Commission approved the ULR Automotive Group [Spare Parts] Enterprise Bargaining Agreement 2014, confirming its compliance with all necessary legal requirements and its status as a genuine enterprise bargaining agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.