Motors Tas Pty Ltd T/A Webster Trucks

[2019] FWCA 4333

[2019] FWCA 4333

FAIR WORK COMMISSION

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

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Annexure A