Iveco Trucks Australia Ltd

[2021] FWCA 5806

[2021] FWCA 5806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iveco Trucks Australia Ltd
(AG2021/6926)

IVECO TRUCKS AUSTRALIA LIMITED AND AMWU AND UWU ENTERPRISE AGREEMENT 2021 - 2024

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the IVECO Trucks Australia Limited and AMWU and UWU Enterprise Agreement 2021 - 2024

[1] IVECO Trucks Australia Ltd has applied for approval of a single enterprise agreement known as the Iveco Trucks Australia Limited and AMWU and UWU Enterprise Agreement 2021 - 2024 (the Agreement).

[2] The Act requires employers to ensure that employees are notified of the time, place and method of the vote by the start of the access period for the Agreement. This requirement was not met in relation to the Agreement because the notice was provided to employees on the second day of the access period. Having received submissions from the parties on the issue and reviewed the material upon which they rely, in the circumstances I am satisfied that the error was a minor procedural error that was not likely to disadvantage any employee.

[3] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will operate from 21 September 2021. The nominal expiry date of the Agreement is 5 September 2024.

[6] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513079  PR733784>

Annexure A