QUALITY TYRE SALES PTY. LTD. (NSW) ENTERPRISE AGREEMENT 2026

Application for approval of the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2026

[1] An application has been made by Quality Tyre Sales Pty. Ltd (Applicant) for approval of an enterprise agreement known as the the Quality Tyre Sales Pty. Ltd. (NSW) Enterprise Agreement 2026 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

[3] The Agreement does not provide for a delegates' rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 34A, Workplace delegates' rights, in the Vehicle Repair, Services and Retail Award 2020 is to be taken to be a term of the Agreement.

[4] An issue was raised with the Applicant as to whether the consultation clause in the proposed agreement was sufficient for the purposes of s 205 of the Act. The issue was whether the clause met the description in s. 205 of the Act. In response, the Applicant submitted that it did and was willing to address any doubt about its operation by way of an undertaking. A copy of the undertakings is attached (Annexure A). I note that the undertaking is not an undertaking as contemplated by s. 190 of the Act as that section only deal with undertakings to satisfy concerns under s. 186 or s. 187. However, the undertaking does assist in my assessment of how the consultation clause should be read and whether the clause meets s. 205. I consider that it does and that a note under s. 201 is not necessary.

[5] The Agreement was approved on 6 February 2026 and will operate from 13 February 2026 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 6 February 2029.

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