| [2022] FWCA 301 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Trailer Solutions Group Services Pty Ltd T/A Maxi Trans Pty Ltd
(AG2021/9168)
MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Dandenong 2021
| Vehicle industry | |
| COMMISSIONER LEE | MELBOURNE, 2 FEBRUARY 2022 |
Application for approval of the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Dandenong 2021
An application has been made for approval of an enterprise agreement known as the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Dandenong 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Trailer Solutions Group Services Pty Ltd T/A Maxi Trans Pty Ltd. The Agreement is a single enterprise agreement.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2022. The nominal expiry date of the Agreement is 1 July 2024.
COMMISSIONER
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- AGLC
- Australian Trailer Solutions Group Services Pty Ltd T/A Maxi Trans Pty Ltd [2022] FWCA 301
- Case
- [2022] FWCA 301
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement was an enterprise agreement within the meaning of the Fair Work Act, whether it was certified by the appropriate certifier, and whether it complied with the procedural requirements for approval. The Commission also needed to assess whether the agreement met the substantive fairness test, which required that the agreement did not undermine the protection afforded by the National Employment Standards and the modern awards.
The Fair Work Commission found that the agreement was a genuine enterprise agreement, duly certified, and compliant with the procedural requirements. The Commission was satisfied that the agreement was made in good faith and did not undermine the protection of the employees' rights. It was noted that the agreement contained terms that were no less favourable than the applicable awards and the National Employment Standards, and the Commission was satisfied that the agreement had been made in a manner that was procedurally fair and did not contravene any provisions of the Fair Work Act. The Commission approved the agreement, confirming that it met all necessary criteria for approval.
No further orders were made by the Commission, as the agreement was approved as presented. The decision reinforces the importance of ensuring that enterprise agreements are made in good faith and do not undermine the rights and protections afforded to employees under the Fair Work Act and applicable awards.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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