DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freightliner Australia Pty Ltd
(AG2019/1488)

FREIGHTLINER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER JOHNS	MELBOURNE, 12 JUNE 2019

Application for approval of the Freightliner Australia Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Freightliner Australia Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Freightliner Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Australian Rail, Tram and Bus Industry Union (RTBU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2019. The nominal expiry date of the Agreement is 11 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503865 PR709226>
Annexure A

CaseChat Overview and Summary

In the matter of Freightliner Australia Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement proposed by the company. The agreement, titled the Freightliner Australia Pty Ltd Enterprise Agreement 2018, was the subject of an application by the company seeking formal endorsement. This was necessary to ensure that the terms and conditions of employment outlined in the agreement would be legally binding on the employees and the employer alike.

The primary legal issues before the Commission revolved around whether the proposed agreement met all statutory requirements under the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith. The Commission had to consider the provisions of the agreement, including pay rates, hours of work, leave entitlements, and other employment conditions. Additionally, the Commission examined whether the agreement adequately protected the interests of employees, particularly focusing on the process through which the agreement was negotiated.

In its decision, the Commission carefully reviewed the provisions of the agreement and the evidence presented regarding the negotiation process. The Commission found that the agreement contained fair and reasonable terms and conditions, and that it was made in good faith. The Commission was satisfied that the agreement provided for appropriate pay rates and conditions, and that it adequately protected the interests of the employees. As a result, the Commission approved the application, endorsing the Freightliner Australia Pty Ltd Enterprise Agreement 2018 as meeting all legal requirements under the Fair Work Act 2009.

The final orders of the Commission included the approval and endorsement of the enterprise agreement, effective from the date specified within the agreement. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement.

Freightliner Australia 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