Fleetwood Recreational Vehicles Pty Ltd T/A Fleetwood Recreational Vehicles

[2014] FWCA 3866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fleetwood Recreational Vehicles Pty Ltd T/A Fleetwood Recreational Vehicles
(AG2014/1215)

FLEETWOOD RECREATIONAL VEHICLES ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 12 JUNE 2014

Application for approval of the Fleetwood Recreational Vehicles Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fleetwood Recreational Vehicles Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fleetwood Recreational Vehicles Pty Ltd, trading as Fleetwood Recreational Vehicles, applied to the Fair Work Commission for approval of the Fleetwood Recreational Vehicles Enterprise Agreement 2014. The applicant sought to amend the agreement to include provisions that would affect the employees’ shift patterns and rostering arrangements. The dispute centred on whether the proposed changes were consistent with the principles of the Fair Work Act 2009 and if they met the standards of procedural fairness.

The primary legal issues before the Commission were whether the proposed amendments to the enterprise agreement were in line with the legislative framework governing enterprise agreements and whether the application process adhered to the requisite procedural fairness. The Commission had to examine the details of the proposed changes, assess their implications for the employees, and determine whether the application process was fair and transparent.

The Fair Work Commission found that the proposed amendments to the enterprise agreement did not contravene the Fair Work Act and were procedurally fair. The Commission emphasised the importance of maintaining a balance between the rights of employers and the interests of employees. It concluded that the changes were reasonable and necessary for the efficient operation of the business, and that the application process was fair and transparent. As a result, the application for approval of the Fleetwood Recreational Vehicles Enterprise Agreement 2014 was granted.

The Commission's final order was that the Fleetwood Recreational Vehicles Enterprise Agreement 2014, as amended, be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the applicant to implement the changes to the shift patterns and rostering arrangements as outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established