Nexteer Automotive Australia Pty Ltd Summary

[2013] FWCA 10202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nexteer Automotive Australia Pty Ltd
(AG2013/12209)

NEXTEER AUTOMOTIVE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Nexteer Automotive Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Nexteer Automotive Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made by Nexteer Automotive Australia Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 31 December 2013. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nexteer Automotive Australia Pty Ltd, the employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees, represented by the United Voice union. The union objected to the approval of the agreement, arguing that it did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for approval as a certified agreement under the Fair Work Act 2009. The commission had to consider the provisions of the agreement and whether they complied with the legislative requirements, including the need for the agreement to provide for fair and reasonable terms and conditions of employment.

The commission found that the agreement contained provisions that were not in accordance with the legislative requirements. Specifically, the commission noted that the agreement did not provide for adequate provisions for redundancy and termination of employment. The commission also found that the agreement did not provide for adequate provisions for the protection of employees' rights to be free from discrimination. The commission found that these deficiencies meant that the agreement did not meet the criteria for approval under the Fair Work Act 2009. As a result, the commission refused to approve the agreement.

The commission noted that the deficiencies in the agreement were significant and could have a serious impact on the rights and protections of employees. The commission found that the employer had not demonstrated that the agreement provided for fair and reasonable terms and conditions of employment. The commission also found that the employer had not demonstrated that the agreement provided for adequate protections for employees' rights to be free from discrimination. The commission concluded that the deficiencies in the agreement meant that it did not meet the criteria for approval under the Fair Work Act 2009. The commission refused to approve the agreement.

The commission ordered that the application for approval of the agreement be dismissed. The commission also ordered that the agreement be returned to the parties for further negotiation and amendment. The commission noted that the agreement could be resubmitted for approval once the deficiencies had been addressed and the agreement met the requirements of the Fair Work Act 2009. The commission emphasised the importance of ensuring that enterprise agreements provided for fair and reasonable terms and conditions of employment and adequate protections for employees' rights.

Nexteer Automotive Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established