DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fleetwood Recreational Vehicles Pty Ltd
(AG2017/4756)

FLEETWOOD RECREATIONAL VEHICLES ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2018

Application for approval of the Fleetwood Recreational Vehicles Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fleetwood Recreational Vehicles Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fleetwood Recreational Vehicles Pty Ltd. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2017. The nominal expiry date of the Agreement is 15 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Fleetwood Recreational Vehicles Pty Ltd involved an application for the approval of the Fleetwood Recreational Vehicles Enterprise Agreement 2017. The applicant, Fleetwood Recreational Vehicles, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Commissioner Prowse delivering the decision.

The legal issues before the Commission were whether the agreement met the necessary criteria for registration under the Fair Work Act, specifically focusing on the agreement's compliance with the procedural requirements for bargaining and the substantive content of the agreement. The primary concern was whether the agreement was genuinely negotiated and whether it contained terms that were fair and reasonable.

Commissioner Prowse found that the agreement was genuinely negotiated, with evidence of the process being followed appropriately. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The agreement was found to address the essential terms of employment and provide a framework for the ongoing relationship between the employer and the employees. Consequently, the application for approval was successful.

The Fair Work Commission approved the Fleetwood Recreational Vehicles Enterprise Agreement 2017 as a registered agreement. This decision provided clarity and certainty for the parties involved and established a binding framework for their future industrial relations.

Fleetwood Recreational Vehicles Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established