DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meritor Heavy Vehicle Systems Australia Ltd
(AG2015/2801)

MERITOR HEAVY VEHICLE SYSTEMS (DERRIMUT) AGREEMENT 2015

Vehicle industry
COMMISSIONER BLAIR	MELBOURNE, 2 JUNE 2015

Application for approval of the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2015 (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 Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2015. The nominal expiry date of the Agreement is 30 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Meritor Heavy Vehicle Systems Australia Ltd applied for approval of the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2015 under section 186 of the Fair Work Act 2009. The applicant was a manufacturer of vehicle components, and the respondent was the Automotive, Metals and Engineering Employees Union, which represented employees of the applicant. The dispute arose from negotiations between the parties over a proposed agreement that would govern the terms and conditions of employment for certain employees of the applicant. The Fair Work Commission was asked to determine whether the agreement should be approved.

The legal issues before the Commission included whether the agreement was in the public interest and whether it complied with the requirements of the Fair Work Act. The Commission needed to consider the nature of the agreement, its effect on the parties, and whether it met the standards of the modern awards and enterprise agreements. The Commission also needed to assess whether the agreement would promote productivity, economic efficiency, and social inclusion.

The Commission found that the agreement was in the public interest and met the requirements of the Fair Work Act. The agreement provided for a number of improvements in the terms and conditions of employment for the employees, including increased pay rates and better access to training and development opportunities. The Commission also found that the agreement would promote productivity, economic efficiency, and social inclusion. The agreement contained provisions for flexible working arrangements and the use of technology to improve productivity, and it provided for a process for resolving disputes between the parties. The Commission approved the agreement.

The Commission made an order approving the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2015, subject to certain conditions. The conditions included the requirement that the agreement be registered with the Fair Work Commission and that the parties notify the Commission of any changes to the agreement. The agreement was approved as a transitional agreement for a period of two years.

Meritor Heavy Vehicle Systems Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established