DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laverton Auto (2016) Pty Ltd T/A Daimler Trucks Laverton
(AG2019/1258)

DAIMLER TRUCKS LAVERTON ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 26 JULY 2019

Application for approval of the Daimler Trucks Laverton Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Daimler Trucks Laverton Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laverton Auto (2016) Pty Ltd T/A Daimler Trucks Laverton. 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 are relevant to this application for approval and have been met.

[4] The “Automotive, Food, 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 25 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Laverton Auto (2016) Pty Ltd T/A Daimler Trucks Laverton sought approval of the Daimler Trucks Laverton Enterprise Agreement 2019 from the Fair Work Commission. The agreement related to the terms and conditions of employment of certain employees, and the dispute arose as to whether the agreement provided for fair and reasonable terms and conditions. The application was heard by Deputy President Dowsett, who was required to determine whether the agreement met the criteria for approval set out in section 231 of the Fair Work Act 2009. The key issues were whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the interests of the employees.

The Deputy President found that the agreement provided for fair and reasonable terms and conditions, and that it was in the interests of the employees. The Deputy President noted that the agreement provided for a significant increase in wages, as well as improved conditions in relation to leave entitlements and other benefits. The Deputy President also found that the agreement was in the interests of the employees, as it provided for increased job security and improved working conditions. The Deputy President concluded that the agreement met the criteria for approval, and that it should be approved.

Accordingly, the Deputy President approved the Daimler Trucks Laverton Enterprise Agreement 2019, subject to certain conditions and modifications. The court noted that the agreement would provide for improved working conditions and better outcomes for employees, and that it was in the interests of both the employer and the employees. The court also noted that the agreement was a genuine attempt to resolve industrial disputes, and that it was fair and reasonable. The court ordered that the agreement be approved, subject to the conditions and modifications set out in the decision.

Laverton Auto (2016) Pty Ltd T/A Daimler Trucks Laverton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established