MaxiTRANS Australia Pty Ltd Summary

[2017] FWCA 5269

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

MaxiTRANS Australia Pty Ltd

(AG2017/3103)

MaxiTRANS Australia Pty. Ltd. Enterprise Agreement – Ballarat 2017

Vehicle industry
Commissioner Wilson	MELBOURNE, 11 OCTOBER 2017

Application for approval of the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement – Ballarat 2017.

An application has been made for approval of an enterprise agreement known as the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement – Ballarat 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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2017. The nominal expiry date of the Agreement is 10 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved MaxiTRANS Australia Pty Ltd, a transport and logistics company, and its employees represented by the Transport Workers Union. The dispute centred around the proposed Enterprise Agreement, referred to as the Ballarat 2017 agreement, which sought to outline the terms and conditions of employment for the employees. The matter was brought before the Fair Work Commission for its consideration and approval of the agreement. The Commission was tasked with ensuring that the proposed terms complied with the relevant legislative framework, particularly the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed terms of the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act, and whether the agreement had been made in accordance with the procedural requirements. Specifically, the Commission needed to determine if the agreement had been made free from any improper influence or coercion, if it provided for proper consultation with the employees, and if it contained all the mandatory terms as prescribed by the Act. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms and conditions for the employees.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements under the Fair Work Act. The Commission determined that the agreement had been made without any improper influence or coercion, and that there had been proper consultation with the employees. The Commission also found that the agreement contained all the mandatory terms as required by the Act, and that it provided fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement was in the best interests of the employees and approved the MaxiTRANS Australia Pty Ltd Enterprise Agreement – Ballarat 2017.

MaxiTRANS Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established