Laverton Auto (2016) Pty Ltd
[2023] FWCA 1904
•27 JUNE 2023
| [2023] FWCA 1904 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Laverton Auto (2016) Pty Ltd
(AG2023/1683)
DAIMLER TRUCKS LAVERTON ENTERPRISE AGREEMENT 2023
| Vehicle industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 27 JUNE 2023 |
Application for approval of the Daimler Trucks Laverton Enterprise Agreement 2023
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Daimler Trucks Laverton Enterprise Agreement 2023 (Agreement).
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. The undertakings are taken to be a term of the Agreement.
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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 6.3 – Compassionate leave; and
· Clause 3.4 – Abandonment of employment.
However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 July 2023. The nominal expiry date of the Agreement is 1 April 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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