DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Motors Tas Pty Ltd T/A Webster Trucks
(AG2019/898)

WEBSTER TRUCKS ENTERPRISE AGREEMENT 2019-2022

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2019

Application for approval of the Webster Trucks Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Webster Trucks Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Motors Tas Pty Ltd T/A Webster Trucks. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] I note that Clauses 30.1.2, 26, 24, 25 are inconsistent with the National Employment Standards (NES) as they provide content not prescribed for in the NES. Given the National Employment Standards precedence clause at clause 4.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement lodged contained an error at Schedule A. On 13 June 2019, the Applicant filed an amended Schedule A of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Automotive, Food, Metals, Engineering, Printed and Kindred Industries Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 20 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Motors Tas Pty Ltd T/A Webster Trucks applied to the Fair Work Commission for approval of the Webster Trucks Enterprise Agreement 2019-2022. The application was made by the employer, Motors Tas Pty Ltd, which operates as Webster Trucks, seeking approval for the enterprise agreement that governs the employment conditions of its workforce. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which represents some of the employees covered by the agreement.

The legal issues before the Fair Work Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness, the proper consideration of employee interests, and the adherence to the principles of good faith bargaining. The AMWU contended that the agreement did not adequately represent the employees' interests and that the bargaining process was not conducted in good faith.

The Fair Work Commission, after considering the arguments presented by both parties, found that the application for approval was valid. The Commission noted that the agreement contained provisions that were fair and reasonable, and that the employer had engaged in good faith bargaining. The Commission also determined that the process followed in reaching the agreement was procedurally fair and that the employees' interests had been properly considered. The application for approval was therefore granted, and the enterprise agreement was approved as a registered agreement.

The Fair Work Commission ordered that the Webster Trucks Enterprise Agreement 2019-2022 be approved and registered, effective from the date of the decision. The agreement was to apply to the employees covered by it, and the employer and the union were required to comply with its terms. This decision provides clarity on the application process for enterprise agreements and affirms the importance of good faith bargaining in the workplace.

Motors Tas Pty Ltd T/A Webster Trucks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established