DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adtrans Trucks Adelaide Pty Ltd T/A Daimler Trucks Adelaide
(AG2016/3798)

DAIMLER TRUCKS ADELAIDE ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Daimler Trucks Adelaide Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Daimler Trucks Adelaide Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adtrans Trucks Adelaide Pty Ltd T/A Daimler Trucks Adelaide. 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Daimler Trucks Adelaide Enterprise Agreement 2015 by Adtrans Trucks Adelaide Pty Ltd, trading as Daimler Trucks Adelaide. The applicant sought approval from the Fair Work Commission, which was contested by the Australian Manufacturing Workers' Union. The nature of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues that the court had to decide centred on the validity and fairness of the agreement. The court had to determine if the agreement was made in good faith and whether it met the "better off overall test" as required by the Fair Work Act. This involved examining the provisions of the agreement, the bargaining process, and whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission examined the evidence provided and found that the agreement was made in good faith and met the better off overall test. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave entitlements, and dispute resolution. The commission also found that the bargaining process was conducted in a fair and reasonable manner. Based on these findings, the commission approved the agreement.

The Fair Work Commission approved the Daimler Trucks Adelaide Enterprise Agreement 2015, finding that it met the requirements for approval under the Fair Work Act. The court found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The commission's decision was based on the evidence provided and the application of the relevant legal principles.

Adtrans Trucks Adelaide Pty Ltd T/A Daimler Trucks Adelaide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established