Meritor Heavy Vehicle Systems Australia Limited

[2024] FWCA 1014

[2024] FWCA 1014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Meritor Heavy Vehicle Systems Australia Limited

(AG2024/549)

MERITOR HEAVY VEHICLE SYSTEMS (SUNSHINE) AGREEMENT 2024

Vehicle industry
COMMISSIONER MIRABELLA	MELBOURNE, 22 MARCH 2024

Application for approval of the Meritor Heavy Vehicle Systems (Sunshine) Agreement 2024.

1. Meritor Heavy Vehicle Systems Australia Limited (the Employer) has made an application for approval of an enterprise agreement known as the Meritor Heavy Vehicle Systems (Sunshine) Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 4 August 2023 and the Agreement was made on 20 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 13.5(m): Redundancy

·   Clauses 23.14 to 23.16: Compassionate leave

1. However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 22 March 2024 and, in accordance with s.54, will operate from 29 March 2024. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A