DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiTRANS Australia Pty Ltd
(AG2018/5293)

MAXITRANS AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT - DANDENONG 2018

Vehicle industry
COMMISSIONER BISSETT	MELBOURNE, 19 MARCH 2019

Application for approval of the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Dandenong 2018.

[1] An application has been made for approval of an enterprise agreement known as the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Dandenong 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MaxiTRANS Australia Pty Ltd. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were MaxiTRANS Australia Pty Ltd and various employees represented by unions. The dispute centered on the approval of the 2018 Enterprise Agreement, which aimed to set out the terms and conditions of employment for certain employees within the organisation. The Fair Work Commission, an Australian federal statutory tribunal, was tasked with reviewing and approving the proposed agreement.

The primary legal issue the Commission had to address was whether the agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" and if it contained all the mandated terms as per the Act. The "better off overall test" ensures that the employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to confirm that the agreement contained all the minimum entitlements prescribed by the Act and did not include any prohibited content.

The Fair Work Commission found that the proposed agreement was compliant with the Fair Work Act 2009. It concluded that the agreement met the better off overall test and contained all the mandated terms. Furthermore, the Commission determined that the agreement did not include any prohibited content. The Commission took into account the submissions made by the parties, the evidence provided, and the relevant legislative provisions in reaching its decision.

As a result of the Commission's findings, it approved the 2018 Enterprise Agreement. The approved agreement now serves as the binding contract between MaxiTRANS Australia Pty Ltd and the employees, outlining their terms and conditions of employment. The approval of the agreement ensures that the employees are adequately protected under the Fair Work Act 2009 and that the organisation can operate within the legal framework set forth by the Act.

MaxiTRANS Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established