Mercedes-Benz Australia/Pacific Pty Ltd Summary

[2014] FWCA 2889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mercedes-Benz Australia/Pacific Pty Ltd
(AG2014/872)

MERCEDES-BENZ AUSTRALIA/PACIFIC PTY LTD, MERCEDES-BENZ BRISBANE ENTERPRISE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 MAY 2014

Application for approval of the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[5] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 9 May 2014. The nominal expiry date of the Agreement is 17 August 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercedes-Benz Australia/Pacific Pty Ltd applied for approval of the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2013. The application was brought before the Fair Work Commission, as the respondents, Mercedes-Benz Brisbane Pty Ltd and Automotive, Metals and Engineering Manufacturing Union, were unable to reach an agreement. The nature of the dispute was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the commission was required to decide involved the fairness of the proposed agreement in terms of its provisions, the process by which it was negotiated, and whether it complied with the relevant provisions of the Fair Work Act. The commission had to consider whether the agreement provided for appropriate protections for employees, including those related to minimum wages, penalties, and other entitlements. The commission also had to examine the negotiation process to determine if it was conducted in good faith and whether the agreement was made without any coercion or undue influence.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, meeting the criteria for approval. The commission noted that the agreement provided for adequate protections for employees, including provisions for minimum wages, penalties, and other entitlements. The commission also found that the negotiation process was conducted in good faith and that the agreement was not made under any coercion or undue influence. As a result, the commission approved the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Brisbane Enterprise Agreement 2013. This decision provided certainty and stability for the parties involved and ensured that the agreement would be implemented in a fair and equitable manner.

Mercedes-Benz Australia/Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established