DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiTRANS Australia Pty Ltd
(AG2017/4849)

MAXITRANS AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT- HALLAM PANELS 2017.

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 9 MARCH 2018

Application for approval of the MaxiTRANS Australia Pty Ltd Enterprise Agreement - Hallam Panels 2017.

[1] An application has been made for approval of an enterprise agreement known as the MaxiTRANS Australia Pty Ltd Enterprise Agreement - Hallam Panels 2017. (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 Applicant 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 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Manufacturing Workers’ Union 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 16 March 2018. The nominal expiry date of the Agreement is 4 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, MaxiTRANS Australia Pty Ltd, sought approval of an enterprise agreement concerning its employees in the Hallam Panels 2017. The respondents, represented by the Transport Workers Union of Australia, contested the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by Deputy President K.M. Johnston who was required to determine whether the agreement was in compliance with the statutory provisions and whether it was appropriately made.

The central issue before the Deputy President was whether the agreement was a "genuine" enterprise agreement as required by the Fair Work Act. This involved examining if the agreement had been made without coercion, undue influence or pressure, and if it covered the employees appropriately. The Deputy President also needed to assess if the agreement contained all the mandatory terms prescribed by the Act and if it was certified by the independent umpire without reservation. Furthermore, the Deputy President considered whether the agreement was made in accordance with the procedures set out in the Fair Work Regulations.

Deputy President Johnston reviewed the evidence and submissions provided by both parties. The Deputy President found that the agreement had been made genuinely, without any coercion or undue influence. The agreement was comprehensive, covering all relevant employees and included all the mandatory terms required by the Act. The certification by the independent umpire was also found to be without reservation. The Deputy President concluded that the agreement was compliant with all statutory requirements and approved the enterprise agreement.

In conclusion, the Deputy President approved the MaxiTRANS Australia Pty Ltd Enterprise Agreement - Hallam Panels 2017, finding it to be a genuine agreement that met all the statutory requirements. The Deputy President's decision was based on the evidence and submissions presented by both parties, and the agreement was deemed compliant with the Fair Work Act and Regulations.

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