Laverton Auto (2016) Pty Ltd Trading AS Daimler Trucks Laverton

[2025] FWCA 2622

[2025] FWCA 2622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Laverton Auto (2016) Pty Ltd Trading AS Daimler Trucks Laverton

(AG2025/2269)

DAIMLER TRUCKS LAVERTON ENTERPRISE AGREEMENT 2025

Vehicle industry
COMMISSIONER CONNOLLY	MELBOURNE, 7 AUGUST 2025

Application for approval of the Daimler Trucks Laverton Enterprise Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the Daimler Trucks Laverton Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Laverton Auto (2016) Pty Ltd Trading AS Daimler Trucks Laverton (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 18 July 2025.

1. On 28 July 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

1. There are four National Employment Standards (NES) issues that require comment:

• Annual leave: Clause 6.1.1(a) states annual leave will be accumulated at the rate of four weeks per calendar year on a pro rata basis and will be credited to the employee each month. This may be more restrictive than s.87(2) of the Act which provides that an employee’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.
• Notification: Clause 6.1.7(b) provides in the case of personal sickness or accident or absence with reasonable cause, to become entitled to continuous service an employee shall have complied with the following: an employee who is absent from work without the company's consent for a continuous period equalling one working day or more, shall, on the first day of the absence, at the commencement of the employee's shift if practicable, and in any other event within four hours of the commencement of the shift, inform the company of the absence stating the reasons and the estimated duration thereof. This may be inconsistent with s.107(2) of the Act which provides for notice to be given as soon as reasonably practicable (which may be a time after the leave has started).
• Personal/carer’s leave: Clause 6.2.6(a) states if the employee is unable to commence work on any working day due to illness or injury, or due to a requirement to take carer's leave, the employee must notify the company. As far as possible the notice must be given to the company prior to the commencement of the employee's shift. This may also be inconsistent with s.107(2) of the Act which provides for notice to be given as soon as reasonably practicable (which may be a time after the leave has started).
• Redundancy: Clause 3.6.5 of the Agreement provides that the redundancy payment will not be payable if the company obtains acceptable alternative employment for an employee including employment with a related company or with a third party. This clause does not appear to provide that it is subject to the FWC, as required by s.120 of the Act.

1. Clause 1.5 of the Agreement acts as an effective NES precedence clause, in that it states that “This Agreement will be read and interpreted in conjunction with the National Employment Standards (“NES”). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency”. As a result of the NES precedence clause, the above clauses will not apply to the extent that they are inconsistent with the NES.

1. The Applicant has provided written undertakings, dated 30 July 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 April 2028.

COMMISSIONER

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ANNEXURE A