Meritor Heavy Vehicle Systems Australia Ltd Summary

[2022] FWCA 2835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Meritor Heavy Vehicle Systems Australia Ltd

(AG2022/3057)

Meritor Heavy Vehicle Systems (Derrimut) Agreement 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 23 AUGUST 2022

Application for approval of the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2022

An application has been made for approval of an enterprise agreement known as the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2022 (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. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. In addition, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and in accordance with s.54, will operate from 30 August 2022. The nominal expiry date of the Agreement is 30 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Meritor Heavy Vehicle Systems Australia Ltd, an employer, sought approval from the Fair Work Commission for a new enterprise agreement, the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2022. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval, including its alignment with the Fair Work Act 2009. The dispute arose as some employees and unions raised concerns about certain provisions within the proposed agreement.

The primary legal issue before the Fair Work Commission was whether the proposed agreement complied with the statutory requirements under the Fair Work Act. This included verifying that the agreement was made in good faith, did not unfairly discriminate against employees, and contained provisions that were consistent with the Act. Additionally, the Commission had to ensure that the agreement was appropriately negotiated and did not contravene any minimum entitlements or standards set by the Act.

The Fair Work Commission thoroughly examined the provisions of the proposed agreement, considering submissions from both the employer and the employee representatives. The Commission found that the agreement was made in good faith and did not unfairly discriminate against employees. It also concluded that the agreement was appropriately negotiated and that its provisions were consistent with the requirements of the Fair Work Act. Therefore, the Commission approved the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2022.

The Fair Work Commission's decision resulted in the approval of the Meritor Heavy Vehicle Systems (Derrimut) Agreement 2022. The Commission's determination was that the agreement complied with all necessary statutory requirements and could be implemented as a binding enterprise agreement. This decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of their employment under the new agreement.

Meritor Heavy Vehicle Systems Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established