Application for approval of the Autocare Services (Transport South Australia) Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Autocare Services (Transport South Australia) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Autocare Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] It was agreed by both the Applicant and the Transport Workers' Union (TWU) that the Agreement contained a numbering and a drafting error with respect to the name of the relevant superannuation fund. An amended copy of the Agreement was subsequently provided to the Commission resolving these errors. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

[3] The Applicant has provided a written undertaking confirming the incorporation of the Road Transport and Distribution Award 2020 and the Road Transport (Long Distance Operations) Award 2020. The incorporation of the Awards resolves concerns held by the Commission about whether the Agreement met the Better Off Overall Test. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] I observe that clause 50.3, concerning entitlements to redundancy pay in circumstances where the company has offered alternative employment, may be inconsistent with the National Employment Standards (NES). Noting clause 6.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The TWU lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 3 November 2025. The nominal expiry date of the Agreement is 31 March 2027.

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