Adtrans Truck Centre Pty Ltd T/A Adtrans Truck Centre

[2014] FWCA 4061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adtrans Truck Centre Pty Ltd T/A Adtrans Truck Centre
(AG2014/6424)

ADTRANS TRUCK CENTRE PTY LTD - LAVERTON NORTH, ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 19 JUNE 2014

Application for approval of the Adtrans Truck Centre Pty Ltd - Laverton North, Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Adtrans Truck Centre Pty Ltd - Laverton North, Enterprise Agreement 2014 (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 T/A Adtrans Truck Centre. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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 organisation.

[4] The Agreement was approved on 19 June 2014 and, in accordance with s.54, will operate from 26 June 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Adtrans Truck Centre Pty Ltd, trading as Adtrans Truck Centre, applied for the approval of the Adtrans Truck Centre Pty Ltd - Laverton North, Enterprise Agreement 2014. The respondent was the Automotive, Transport and General Workers Union of Australia, which represented the employees. The dispute centred on the validity and fairness of the proposed enterprise agreement, which sought to regulate the employment terms and conditions for the employees at the Laverton North location. The central issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. Furthermore, the Commission assessed the substantive terms of the agreement to determine if they were fair and reasonable in all aspects. The Commission took into account the economic and operational context of the business, the comparability of the agreement with other industry agreements, and any relevant awards or orders. After considering the evidence and submissions from both parties, the Commission concluded that the agreement was made in good faith, involved genuine bargaining, and its terms were fair and reasonable.

The Commission approved the Adtrans Truck Centre Pty Ltd - Laverton North, Enterprise Agreement 2014, finding it to be compliant with the statutory requirements. The Commission's decision was based on the evidence that the agreement was negotiated through a process of genuine cooperation and without any undue influence or coercion. The terms of the agreement were deemed to be equitable, taking into account the specific circumstances of the business and the broader industrial context. The final orders included the approval of the enterprise agreement, which would now govern the employment conditions of the employees at the Laverton North location.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established