"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWCA 1824

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)

(AG2016/468)

MERCEDES-BENZ AUSTRALIA/PACIFIC PTY LTD, DAIMLER

TRUCKS SYDNEY, HUNTINGWOOD ENTERPRISE AGREEMENT

2015 - 2019

Vehicle industry

COMMISSIONER GREGORY

MELBOURNE, 23 MARCH 2016

Application for approval of the Mercedes-Benz Australia/Pacific Pty Ltd, Daimler Trucks

Sydney, Huntingwood Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Mercedes-Benz Australia/Pacific Pty Ltd, Daimler Trucks Sydney, Huntingwood Enterprise

Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the

Fair Work Act 2009 (the Act). It has been made by “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] 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.
[2016] FWCA 1824

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

30 March 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1824

Annexure A

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied for approval of an enterprise agreement concerning the Mercedes-Benz Australia/Pacific Pty Ltd, Daimler Trucks Sydney, Huntingwood Enterprise Agreement 2015-2019. The application was made under section 185 of the Fair Work Act 2009. The AMWU, as a bargaining representative for the agreement, sought the court's approval to cover the employees within the specified period.

The court had to determine if the agreement met all relevant requirements under sections 186, 187, 188, and 190 of the Fair Work Act. This included ensuring that the agreement would not cause financial detriment to any employee and would not result in substantial changes to the agreement. The court also had to verify if the model consultation term prescribed by the Fair Work Regulations 2009 was included in the agreement and if the agreement covered the organisation as required by section 201(2).

The Commissioner was satisfied that the agreement met all necessary requirements and that the provided undertakings would not lead to any financial detriment to employees or substantial changes to the agreement. The model consultation term was incorporated into the agreement, and the AMWU's notice to cover the agreement was valid. Consequently, the Commissioner approved the agreement, which would operate from 30 March 2016, with a nominal expiry date of 30 June 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established