DECISION

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

YAPP Australia Automotive Systems Pty Ltd
(AG2014/8201)

YAPP AUSTRALIA AUTOMOTIVE CERTIFIED AGREEMENT 2014-2017

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 DECEMBER 2014

Application for approval of the YAPP Australia Automotive Certified Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the YAPP Australia Automotive Certified Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by YAPP Australia Automotive Systems Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“YAPP Australia Automotive Systems Pty Ltd undertakes that:

(a) For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.

(b) Where an employee with 12 months’ continuous service is engaged for part of the 12 month period as a seven day shiftworker, the employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, YAPP Australia Automotive Systems Pty Ltd, sought approval of the YAPP Australia Automotive Certified Agreement 2014-2017. The respondent, the Automotive Trades and Allied Employees’ Union of Australia, opposed the application on various grounds, including that the agreement did not meet the statutory requirements for certification.

The primary legal issues before the Commission were whether the agreement provided for the terms and conditions of employment of employees in a way that complied with the Fair Work Act 2009 and whether it was appropriate for the Commission to certify the agreement. The Commission examined whether the agreement adequately addressed the minimum terms and conditions set out in the Fair Work Act, as well as whether it complied with the procedural requirements for certification.

The Commission found that the agreement did not adequately address several minimum terms and conditions, including minimum rates of pay and penalty rates. Additionally, the Commission determined that the agreement did not meet the procedural requirements for certification, as it had not been subjected to a vote by the employees. As a result, the Commission refused to approve the agreement, finding that it did not meet the statutory requirements for certification. Consequently, the application was dismissed, and the agreement was not certified.

YAPP Australia Automotive Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established