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)
(AG2019/3306)

DAIMLER TRUCKS SOMERTON ENTERPRISE AGREEMENT 2019 - 2022

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Daimler Trucks Somerton Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Daimler Trucks Somerton Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). 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. 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.

[3] The 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 16 September 2019 and, in accordance with s.54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU), and Daimler Trucks Australia. The dispute centred around the application for approval of the Daimler Trucks Somerton Enterprise Agreement 2019 - 2022, which the AMWU had brought before the Fair Work Commission. The AMWU sought to ensure that the enterprise agreement was fair and met the necessary criteria for approval.

The legal issues before the Commission were whether the enterprise agreement contained all the required terms, was free from prohibited content, and whether the agreement had been made in good faith. Additionally, the Commission had to consider whether the enterprise agreement met the "better off overall test" (BOOT) and whether it complied with the Fair Work Act 2009. The Commission also needed to assess whether the agreement was made in accordance with the applicable industrial instruments and whether it complied with the requirements for greenfields agreements.

The Fair Work Commission found that the Daimler Trucks Somerton Enterprise Agreement 2019 - 2022 met all the necessary criteria for approval. The Commission was satisfied that the agreement contained all the required terms, was free from prohibited content, and was made in good faith. Furthermore, the Commission determined that the agreement satisfied the BOOT and complied with the Fair Work Act 2009. The Commission also found that the agreement was made in accordance with the applicable industrial instruments and met the requirements for greenfields agreements. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission approved the Daimler Trucks Somerton Enterprise Agreement 2019 - 2022, finding that it met all the necessary criteria for approval. The Commission was satisfied with the agreement's content, the process through which it was made, and its compliance with the Fair Work Act 2009. This decision ensures that the enterprise agreement will provide a fair and comprehensive framework for the employees and the employer moving forward.

"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