MaxiTRANS Australia Pty Ltd Summary

[2014] FWCA 4060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MaxiTRANS Australia Pty Ltd
(AG2014/6423)

MAXITRANS AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT - DANDENONG 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 19 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the MaxiTRANS Australia Pty. Ltd. Enterprise Agreement - Dandenong 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 19 June 2014 and, in accordance with s.54, will operate from 26 June 2014. The nominal expiry date of the Agreement is 3 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia heard an application for the approval of the MaxiTRANS Australia Pty Ltd Enterprise Agreement, which pertains to the employees of Dandenong. The application was brought forth by MaxiTRANS Australia Pty Ltd, and the Fair Work Commission was the respondent. The core issue before the court was whether the agreement met the statutory requirements under the Fair Work Act 2009, including its compliance with minimum entitlements and the proper process of its formation. The court's task was to determine if the agreement was genuinely negotiated and if it provided fair and reasonable terms for the employees.

The court meticulously reviewed the evidence presented regarding the negotiation process and the content of the agreement. It considered whether the agreement provided for minimum entitlements and if it adhered to the procedural requirements outlined in the Act. The court also evaluated whether the agreement was genuinely negotiated, free from coercion, and whether it provided fair and reasonable terms for the employees. The court found that the negotiation process was valid and that the agreement met the statutory requirements for approval.

After thorough analysis, the court concluded that the agreement was genuinely negotiated and provided fair and reasonable terms for the employees. It met all the statutory requirements under the Fair Work Act 2009, including the provision for minimum entitlements. The court approved the agreement, finding it to be compliant with the Act and suitable for the employees of MaxiTRANS Australia Pty Ltd. The court's decision was final, and the agreement was approved for implementation.

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