1
Fair Work Act 2009
s.185—Enterprise agreement
Preston Motors (Essendon) Pty Ltd
(AG2014/1611)
PRESTON MOTORS (ESSENDON) ENTERPRISE AGREEMENT 2014 -
2017
Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 22 JULY 2014
Application for approval of the Preston Motors (Essendon) Enterprise Agreement 2014 -
2017.
[1] An application has been made for approval of an enterprise agreement known as the
Preston Motors (Essendon) Enterprise 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 Preston Motors (Essendon) Pty Ltd. The agreement is a single enterprise agreement.
[2] 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.
[3] Pursuant to s. 202(4) of the Act, the model flexibility term prescribed by the Fair
Work Regulations 2009 is taken to be a term of the Agreement.
[4] The notice of employee representational rights issued by the Applicant to employees
of Preston Motors (Essendon) Pty Ltd did not strictly comply with the prescribed form as
required under s. 174 of the Act. This is because it referred to “Fair Work Australia” instead
of “Fair Work Commission”. It is obvious that the Applicant had used the form approved
prior to 1 January 2013. I am however satisfied that s. 25B of the Acts Interpretation Act 1901
applies to the notice with the consequence that reference to “Fair Work Australia” is taken to
be of reference to “Fair Work Commission”. The provisions of s. 174 do not express a
contrary intention which would have the result that s. 25B not apply. In the circumstances I
am also satisfied the issuing of the notice in the form pre-2013 did not have any effect on the
employee’s rights to appoint a bargaining representative.
[5] The Agreement was approved on 22 July 2014 and, in accordance with s.54, will
operate from 29 July 2014. The nominal expiry date of the Agreement is 30 June 2017.
[2014] FWCA 4891
DECISION
E AUSTRALIA FairWork Commission
[2014] FWCA 4891
2
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code C, AE409188 PR553368
Y WORK THE FAIR MMISSION SEAL OF TAX
