DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiTRANS Australia Pty Ltd
(AG2016/3562)

MAXITRANS AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT – DANDENONG 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 21 JULY 2016

Application for approval of the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Dandenong 2016.

[1] An application has been made for approval of an enterprise agreement known as the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Dandenong 2016 (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 “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 of the Act, will operate from 28 July 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved MaxiTRANS Australia Pty Ltd, an employer, and its employees, represented by a union. The dispute centred around the proposed Enterprise Agreement, which the union sought approval for, while the employer contested certain aspects. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues at the heart of this matter revolved around whether the proposed Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to examine whether the agreement provided for fair and reasonable terms and conditions, was genuinely negotiated, and did not undermine the safety and health of employees. Furthermore, the court had to determine if the agreement adequately addressed procedural fairness and whether any provisions within it contravened the Act.

The Fair Work Commission carefully considered the arguments presented by both parties, scrutinising the contents of the proposed Enterprise Agreement. The Commission found that the agreement did indeed provide for fair and reasonable terms and conditions, and that it was genuinely negotiated. The court also determined that the agreement did not undermine the safety and health of employees, as the provisions were reasonable and in line with industry standards. Additionally, the Commission was satisfied that procedural fairness had been upheld throughout the negotiation process. Consequently, the court approved the Enterprise Agreement.

The final orders of the court were that the Enterprise Agreement, as presented, be approved and registered. This decision ensured that the terms and conditions set out in the agreement would apply to the employees of MaxiTRANS Australia Pty Ltd, subject to the provisions of the Fair Work 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