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

[2016] FWCA 1833

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)

(AG2016/2422)

MERCEDES-BENZ AUSTRALIA/PACIFIC PTY LTD, DAIMLER

TRUCKS MELBOURNE SOMERTON ENTERPRISE AGREEMENT

2015 - 2019

Vehicle industry

COMMISSIONER LEE

MELBOURNE, 22 MARCH 2016

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

Melbourne, Somerton 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 Melbourne, Somerton 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 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.

[3] 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.

[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.
[2016] FWCA 1833

[5] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will

operate from 29 March 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied for the approval of the Mercedes-Benz Australia/Pacific Pty Ltd, Daimler Trucks Melbourne, Somerton Enterprise Agreement 2015-2019. The AMWU, being the bargaining representative, made the application under section 185 of the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner Lee, was tasked with deciding whether the agreement met the necessary requirements for approval. The decision was made on 22 March 2016 and the agreement was approved to operate from 29 March 2016, with a nominal expiry date of 31 March 2019.

The legal issues the court had to address included whether the AMWU had the authority to make the application, if the requirements under sections 186, 187, and 188 of the Fair Work Act had been met, and if the agreement contained all necessary terms as prescribed by the Fair Work Regulations 2009. Additionally, the court had to consider whether the agreement was made in good faith and if it was appropriately negotiated. The court also needed to confirm that the agreement covered the AMWU as the bargaining representative and that it adhered to the provisions of the Fair Work Act.

The Fair Work Commission found that all the necessary requirements for the approval of the enterprise agreement had been fulfilled. The AMWU had the authority to make the application and the agreement met all the requirements of sections 186, 187, and 188 of the Fair Work Act. The agreement incorporated the model consultation term prescribed by the Fair Work Regulations 2009 and was negotiated in good faith. Furthermore, the AMWU was covered by the agreement, and the agreement adhered to the provisions of the Fair Work Act. The agreement was approved and will operate from 29 March 2016 until 31 March 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established