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austlii:cth/FWCA/2016/7777
procedural. The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2019 [7].
The Fair Work Commission approved an enterprise agreement for Star Auto (Australia) Pty Ltd (trading as Mercedes-Benz Sydney). The employer had provided undertakings to address concerns about the agreement, and the Commission was satisfied these would not disadvantage employees. Although the agreement did not cover all employees, the Commission found the group covered was 'fairly chosen'. The Commission also extended the time for the application to be made as it was lodged late. The agreement will cover the Australian Manufacturing Workers' Union, which requested coverage. The agreement was approved to operate from 3 November 2016 until 30 June 2019.
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2 cited instruments linked from this judgment.
s.185 - Enterprise agreement
Star Auto (Australia) Pty Ltd T/A Mercedes-Benz Sydney
STAR AUTO (AUSTRALIA) PTY LTD, MERCEDES-BENZ SYDNEY ENTERPRISE AGREEMENT 2016-2019
Application for approval of the Star Auto (Australia) Pty Ltd, Mercedes-Benz Sydney Enterprise Agreement 2016-2019.
[1] An application has been made for approval of an enterprise agreement known as the Star Auto (Australia) Pty Ltd, Mercedes-Benz Sydney Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Star Auto (Australia) Pty Ltd T/A Mercedes-Benz Sydney. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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.
[7] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2019.
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The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2019 [7].