Iveco Trucks Australia Ltd Summary

[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

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Iveco Trucks Australia Limited, the Australian Manufacturing Workers' Union (AMWU), and the United Workers Union (UWU). The dispute revolved around the application for the approval of the Iveco Trucks Australia Limited and AMWU and UWU Enterprise Agreement 2021-2024. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval.

The central legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was made in good faith, if it covered the appropriate bargaining units, and if it complied with the provisions concerning minimum entitlements and other mandatory terms. Additionally, the court had to consider if the agreement was in the best interests of the employees and if it was free from any undue influence or coercion.

The Fair Work Commission meticulously examined the agreement to ensure it adhered to the statutory requirements. The court considered the submissions from both Iveco Trucks Australia Limited and the unions, along with the evidence provided. The Commission concluded that the agreement was made in good faith, covered the correct bargaining units, and complied with all statutory obligations. Furthermore, the agreement was deemed to be in the best interests of the employees, and there was no evidence of undue influence or coercion. Based on these findings, the Fair Work Commission approved the enterprise agreement, determining that it met all the necessary legal criteria.

The court's decision resulted in the approval of the Iveco Trucks Australia Limited and AMWU and UWU Enterprise Agreement 2021-2024. The agreement was found to be in compliance with the Fair Work Act 2009 and was approved as binding on all parties involved. This decision provided certainty and clarity for the employees and the employers moving forward, ensuring that the terms of the agreement would govern the employment relationship during the specified period.

Iveco Trucks Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established