Meritor Heavy Vehicle Systems (Australia) Limited Summary

[2025] FWCA 3286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Meritor Heavy Vehicle Systems (Australia) Limited

(AG2025/3144)

MERITOR HEAVY VEHICLE SYSTEMS (DERRIMUT) AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 29 SEPTEMBER 2025

Application for approval of the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meritor Heavy Vehicle Systems (Australia) Limited. The Agreement is a single enterprise agreement.

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.

The Agreement does not contain a delegates’ rights term as required by s. 205A(1) of the Act. Pursuant to s. 205A(2), the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Agreement lodged contained a number of drafting errors. The Applicant sought to correct the errors and filed amended Agreement pages. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2025. The nominal expiry date of the Agreement is 30 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Meritor Heavy Vehicle Systems (Australia) Limited, a company operating in the automotive manufacturing sector, sought approval from the Fair Work Commission for the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2025. The application was made under the Fair Work Act 2009, with the specific aim of obtaining a modern award to cover its employees. The dispute centred on the terms and conditions of employment that the agreement proposed, particularly in light of recent changes in the industry and the workforce.

The primary legal issues before the Commission involved whether the proposed agreement met the statutory requirements of the Fair Work Act, particularly sections concerning the promotion of harmonious, productive, and cooperative workplace relationships, and the avoidance of industrial action. Additionally, the Commission had to consider whether the agreement provided for appropriate minimum wages and conditions, and if it complied with other legislative and regulatory requirements.

In its decision, the Fair Work Commission detailed the process of evaluating the proposed agreement against statutory benchmarks. The Commission examined various aspects, including the impact on employee rights, the alignment with national minimum standards, and the potential for fostering cooperative workplace relationships. After thorough analysis, the Commission found that the proposed agreement met all necessary criteria and would facilitate fair and productive workplace relations. Consequently, the Commission approved the agreement, ensuring that it would come into effect as intended.

The final orders of the Commission included the approval of the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2025, with specific terms and conditions that were deemed to comply with the Fair Work Act. The agreement was set to be registered and would govern the employment conditions of the relevant employees moving forward.

Meritor Heavy Vehicle Systems (Australia) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established