DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iveco Trucks Australia Ltd T/A Iveco Trucks
(AG2018/6214)

IVECO TRUCKS AUSTRALIA LIMITED AND AMWU AND NUW ENTERPRISE AGREEMENT 2018 - 2021

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2019

Application for approval of the IVECO Trucks Australia Limited and AMWU and NUW Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the IVECO Trucks Australia Limited and AMWU and NUW Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iveco Trucks Australia Ltd T/A Iveco Trucks. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 5 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Iveco Trucks Australia Limited, trading as Iveco Trucks, and the Australian Manufacturing Workers' Union (AMWU) and the National Union of Workers (NUW). The dispute centred on the application for the approval of the IVECO Trucks Australia Limited and AMWU and NUW Enterprise Agreement 2018-2021. The Fair Work Commission was tasked with assessing the agreement under the Fair Work Act 2009 and determining whether it met the requirements for approval.

The primary legal issue before the Commission was whether the Enterprise Agreement satisfied the procedural requirements set out in the Fair Work Act 2009, including whether it was made in good faith and on a basis that is not discriminatory. The Commission also needed to consider whether the agreement contained terms that were contrary to the public interest, including whether it provided for adequate minimum wages and conditions.

The Fair Work Commission found that the Enterprise Agreement was made in good faith and on a non-discriminatory basis. The Commission noted that the agreement was negotiated between the parties with genuine intent to reach a settlement and that it contained provisions that were fair and reasonable. The Commission also found that the agreement did not contain any terms that were contrary to the public interest, including adequate provisions for minimum wages and conditions. The Commission approved the Enterprise Agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission made orders approving the Enterprise Agreement, subject to certain modifications, including the inclusion of a clause that ensured employees were not required to work more than an average of 38 hours per week, and that employees were entitled to a minimum of four weeks' paid annual leave. The Commission also made orders requiring the parties to take certain steps to ensure that the agreement was brought to the attention of all relevant employees. The decision provides guidance to employers and unions on the requirements for an Enterprise Agreement to be approved by the Fair Work Commission.

Iveco Trucks Australia Ltd T/A Iveco Trucks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established