DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiTRANS Australia Pty Ltd
(AG2015/392)

MAXITRANS AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT - BALLARAT 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 4 MARCH 2015

Application for approval of the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Ballarat 2014.

[1] An application has been made for approval of an enterprise agreement known as the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Ballarat 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 4 March 2015 and, in accordance with s.54, will operate from 11 March 2015. The nominal expiry date of the Agreement is 1 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MaxiTRANS Australia Pty Ltd, the applicant, sought approval of an enterprise agreement from the Fair Work Commission. The applicant argued that the agreement, which was entered into between the employer and its employees, met the necessary criteria under the Fair Work Act 2009. The Fair Work Commission, being the tribunal responsible for the approval of enterprise agreements, was tasked with determining whether the agreement met the statutory requirements.

The central legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been appropriately certified by the Australian Building and Construction Commission. Additionally, the Commission had to ensure that the agreement did not undermine the safety and welfare of employees.

In delivering its decision, the Commission carefully examined the evidence and submissions presented by both parties. It found that the enterprise agreement was made in good faith and contained all the necessary minimum terms and conditions as prescribed by the Act. The Commission also determined that the agreement had been certified appropriately and did not compromise the safety or welfare of the employees. Consequently, the Commission approved the enterprise agreement, recognising it as a valid and enforceable contract between the employer and its employees.

The Fair Work Commission approved the MaxiTRANS Australia Pty Ltd Enterprise Agreement - Ballarat 2014, confirming its compliance with the statutory requirements under the Fair Work Act. The agreement was thus recognised as a binding contract between the employer and its employees.

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