Mercedes-Benz Australia/Pacific Pty Ltd

[2013] FWCA 1013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercedes-Benz Australia/Pacific Pty Ltd
(AG2013/4347)

MERCEDES-BENZ AUSTRALIA/PACIFIC PTY LTD, MERCEDES-BENZ COMMERCIAL VEHICLE LAVERTON AND SOMERTON (“MBCV LAVERTON AND SOMERTON”) ENTERPRISE AGREEMENT 2012

Vehicle industry
COMMISSIONER GOOLEY	MELBOURNE, 13 FEBRUARY 2013

Application for approval of the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Commercial Vehicle Laverton and Somerton (“MBCV Laverton and Somerton”) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Commercial Vehicle Laverton and Somerton (“MBCV Laverton and Somerton”) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercedes-Benz Australia/Pacific 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 “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.

[6] The Agreement was approved on 13 February 2013 and, in accordance with s.54, will operate from 20 February 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mercedes-Benz Australia/Pacific Pty Ltd, along with Mercedes-Benz Commercial Vehicle Laverton and Somerton, sought approval for their Enterprise Agreement 2012 from the Fair Work Commission. The application was contested by the Transport Workers Union of Australia, which raised concerns about the proposed changes to employment conditions, including hours of work, shift patterns, and pay rates. The dispute was heard by the Fair Work Commission, which needed to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the Enterprise Agreement 2012 complied with the requirements of the Fair Work Act, particularly whether it provided for the fair and efficient operation of businesses and industries. The Commission had to assess the balance of the agreement in terms of its fairness, efficiency, and compliance with relevant labour laws. Additionally, the Commission needed to consider the impact of the agreement on the employees, particularly in relation to their working conditions and remuneration.

The Fair Work Commission found that the Enterprise Agreement 2012 was fair and efficient, taking into account the need for businesses to operate effectively and the rights of employees to fair working conditions. The Commission considered the arguments presented by both parties and concluded that the proposed changes were reasonable and did not unfairly disadvantage either party. The Commission highlighted the importance of flexibility in working arrangements and the need for a balanced approach to address the operational requirements of the businesses while protecting the interests of employees.

The Fair Work Commission approved the Enterprise Agreement 2012, subject to certain conditions. The final orders included the approval of the agreement with specific provisions related to hours of work, shift patterns, and pay rates, as well as provisions for dispute resolution mechanisms. The Commission's decision ensured that the agreement met the necessary criteria for approval under the Fair Work Act, balancing the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established