DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iveco Trucks Australia Ltd T/A Iveco Trucks
(AG2016/1683)

IVECO TRUCKS AUSTRALIA LIMITED AND AMWU - VEHICLE DIVISION (PRODUCTION) AND NUW AGREEMENT 2016-2018

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2016

Application for approval of the IVECO Trucks Australia Limited and AMWU - Vehicle Division (Production) and NUW Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the IVECO Trucks Australia Limited and AMWU - Vehicle Division (Production) and NUW Agreement 2016-2018 (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 Applicant 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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2016. The nominal expiry date of the Agreement is 4 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court of Australia was asked to approve an agreement between Iveco Trucks Australia Limited and the Automotive, Metals and Engineering Workers Union (Vehicle Division) Production and National Union of Workers. The agreement, known as the 2016-2018 Agreement, was intended to govern the terms and conditions of employment for workers in the vehicle division of Iveco Trucks Australia. The court was required to consider whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issues before the court were whether the agreement was a "good faith" agreement, whether it met the criteria for being a "modern award", and whether it was appropriate for the court to approve the agreement. The court had to examine the bargaining process, the content of the agreement, and whether the agreement provided for fair and reasonable terms of employment. Additionally, the court had to consider whether the agreement was necessary to prevent or end an industrial dispute.

The court found that the agreement was a genuine attempt by the parties to bargain in good faith and that the agreement met the criteria for being a modern award. The court also found that the agreement was appropriate for approval as it provided for fair and reasonable terms of employment. The court concluded that the agreement was necessary to prevent an industrial dispute and that it was in the best interests of the employees. The court approved the agreement, subject to certain conditions and modifications to address any concerns raised during the hearing. The court ordered that the agreement be registered and enforceable as a modern award.

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