DECISION

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

Freightliner Australia Pty Ltd T/A Freightliner Australia
(AG2015/5257)

FREIGHTLINER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Rail industry
COMMISSIONER CARGILL	SYDNEY, 15 OCTOBER 2015

Application for approval of the Freightliner Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Freightliner Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Freightliner Australia Pty Ltd trading as Freightliner Australia. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Rail, Tram and Bus Industry Union 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 is approved and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date is three (3) years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Freightliner Australia Pty Ltd, trading as Freightliner Australia, applied to the Fair Work Commission for the approval of the Freightliner Australia Pty Ltd Enterprise Agreement 2015. The dispute involved the terms of the agreement and its compliance with relevant industrial legislation. The Commission was tasked with determining whether the agreement met the necessary requirements for approval and if it provided for the fair and reasonable terms of employment for the employees involved.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive terms of employment. The Commission had to assess if the agreement was made in good faith, if it provided for fair and reasonable terms, and if the appropriate procedures were followed during the negotiation and making of the agreement. Additionally, the Commission examined if the agreement adequately covered the employees' terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The Fair Work Commission found that the agreement was made in good faith and met the requirements of procedural fairness. It was determined that the agreement provided for fair and reasonable terms of employment and that the necessary procedures were followed during its negotiation and making. The Commission approved the agreement, noting that it contained comprehensive provisions for the employees' terms and conditions of employment. The agreement was found to be consistent with the objectives of the Fair Work Act 2009, ensuring that it provided for a fair and reasonable outcome for all parties involved.

As a result of the Commission's decision, the Freightliner Australia Pty Ltd Enterprise Agreement 2015 was approved and registered under the Fair Work Act 2009. The agreement became a legally binding document that governed the employment relationship between Freightliner Australia and its employees, providing a clear framework for their terms and conditions of employment. The approval of the agreement signified the Commission's recognition of the agreement's compliance with the relevant industrial legislation and its capacity to deliver a fair and reasonable outcome for both the employer and the employees.

Freightliner Australia Pty Ltd T/A Freightliner Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established