DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGCO Australia Limited
(AG2015/5444)

AGCO AUSTRALIA LIMITED MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	PERTH, 24 SEPTEMBER 2015

Application for approval of the AGCO Australia Limited Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AGCO Australia Limited Maintenance 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 AGCO Australia Limited. 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 “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.

[5] The Agreement was approved on 24 September 2015 and, in accordance with s.54, will operate from 1 October 2015. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by AGCO Australia Limited for the approval of the AGCO Australia Limited Maintenance Enterprise Agreement 2015. The applicants sought the Fair Work Commission’s approval of the proposed enterprise agreement, which was to apply to certain employees of AGCO Australia Limited. The legal issues before the Commission were whether the proposed agreement satisfied the requirements of the Fair Work Act 2009, including whether the agreement was a "better off overall" agreement, whether it complied with the good faith bargaining requirements, and whether it was free from prohibited content.

The Fair Work Commission found that the proposed agreement met the statutory requirements. The Commission determined that the agreement was a "better off overall" agreement, as it provided employees with a total package of pay and conditions that was at least as good as the relevant award or existing agreement. The Commission also found that the agreement was the product of genuine good faith bargaining and was free from any prohibited content. The Commission approved the proposed agreement, stating that it was satisfied that the agreement was fair and reasonable and that it provided for a fair and efficient workplace. The Commission made an order approving the AGCO Australia Limited Maintenance Enterprise Agreement 2015, which is to apply to the employees of AGCO Australia Limited.

AGCO Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established