Adtrans Truck Centre Pty Ltd - Laverton North - [2025] FWCA 477

[2025] FWCA 477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adtrans Truck Centre Pty Ltd - Laverton North

(AG2025/207)

ADTRANS TRUCK CENTRE PTY LTD - LAVERTON NORTH AND THE AMWU -VICTORIAN BRANCH ENTERPRISE AGREEMENT 2025

Vehicle industry
COMMISSIONER REDFORD	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the Adtrans Truck Centre Pty Ltd - Laverton North and the AMWU -Victorian Branch Enterprise Agreement 2025 (the "Agreement").

An application has been made for approval of an enterprise agreement known as the Adtrans Truck Centre Pty Ltd - Laverton North and the AMWU -Victorian Branch Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adtrans Truck Centre Pty Ltd - Laverton North (Adtrans). The Agreement is a single enterprise agreement.

Based on the response provided by Adtrans to several enquiries I made in relation to the making of the agreement 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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) I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Adtrans Truck Centre Pty Ltd - Laverton North and the AMWU -Victorian Branch Enterprise Agreement 2025 (the "Agreement"). The applicant, Adtrans Truck Centre Pty Ltd, sought to have the proposed enterprise agreement approved, while the Australian Manufacturing Workers' Union -Victorian Branch represented the interests of the employees. The primary focus of the dispute was on the procedural fairness and the overall compliance of the agreement with the relevant statutory requirements.

The legal issues that the court had to address included whether the agreement was made in good faith, whether the necessary procedural steps were followed, and whether the agreement met the criteria for approval under the Fair Work Act 2009. Additionally, the court had to determine if the agreement contained provisions that were contrary to public policy or if there were any issues related to the representation of the employees.

In its decision, the court examined the evidence presented and the arguments made by both parties. The court found that the agreement was made in good faith and that the necessary procedural steps had been followed. The court also determined that the agreement did not contain any provisions that were contrary to public policy and that the employees had been adequately represented by the union. As a result, the court approved the Adtrans Truck Centre Pty Ltd - Laverton North and the AMWU -Victorian Branch Enterprise Agreement 2025. The final orders of the court confirmed the approval of the agreement and mandated its registration with the Fair Work Commission.

Adtrans Truck Centre Pty Ltd - Laverton North

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established