DECISION

Fair Work Act 2009
s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2019/3436)

DAIMLER TRUCK AND BUS AUSTRALIA PACIFIC PTY LTD, DAIMLER TRUCKS HUNTINGWOOD ENTERPRISE AGREEMENT 2019 - 2023

Vehicle industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 OCTOBER 2019

Application for approval of the Daimler Truck and Bus Australia Pacific Pty Ltd, Daimler Trucks Huntingwood Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Daimler Truck and Bus Australia Pacific Pty Ltd, Daimler Trucks Huntingwood Enterprise Agreement 2019 - 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The AMWU being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union, and Daimler Truck and Bus Australia Pacific Pty Ltd. The union sought approval for the Daimler Trucks Huntingwood Enterprise Agreement 2019-2023. The dispute centred around whether the proposed agreement met the legal requirements for being certified as a single interest employer agreement under the Fair Work Act 2009.

The key legal issues addressed by the Commission involved the interpretation and application of the criteria for single interest employer agreements, including the necessity for the agreement to be in writing, the requirement for it to cover all employees within the single interest employer group, and the need for it to comply with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission examined whether the agreement provided adequate protections for employees, including minimum wages, leave entitlements, and other conditions of employment.

The Fair Work Commission found that the proposed enterprise agreement satisfied the necessary legal requirements. The Commission noted that the agreement was in writing and covered all employees within the single interest employer group. Furthermore, the agreement included provisions that met or exceeded the minimum standards set by the relevant awards and the National Employment Standards. The Commission concluded that the agreement was fair and reasonable and approved it for registration. The decision underscores the importance of ensuring that enterprise agreements provide adequate protections for employees while also recognising the bargaining power of employers within single interest employer groups.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established