DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paccar Australia Pty Ltd T/A Kenworth Trucks Division
(AG2015/4755)

KENWORTH TRUCKS - ENTERPRISE AGREEMENT 2015

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Kenworth Trucks - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kenworth Trucks - Enterprise 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 Paccar Australia Pty Ltd T/A Kenworth Trucks Division. The agreement is a single enterprise agreement.

[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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paccar Australia Pty Ltd, trading as Kenworth Trucks Division, applied to the Fair Work Commission for approval of the Kenworth Trucks - Enterprise Agreement 2015. The application arose as part of the process for modern awards to be phased out, with enterprise agreements becoming the primary source of employment terms and conditions. The applicants sought approval for the agreement which was negotiated with the relevant trade union. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory provisions, specifically sections 230 and 231 of the Fair Work Act. Section 230 required the Commission to ensure that the agreement provided for fair and reasonable terms and conditions of employment. Section 231 required the agreement to be free from coercion and undue influence. The Commission had to assess if the agreement met these criteria, including whether it was genuinely negotiated and whether it provided for fair terms and conditions. Additionally, the Commission examined if the agreement was certified by an independent certifier as meeting the requirements.

The Fair Work Commission, after a thorough examination of the agreement, found that it was genuinely negotiated and provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement was free from coercion and undue influence. The certifier's certification that the agreement met the statutory requirements was accepted as valid. The Commission noted that the agreement included provisions for minimum rates of pay, penalty rates, overtime, leave entitlements, and other employment conditions that were considered fair and reasonable. Therefore, the Commission approved the Kenworth Trucks - Enterprise Agreement 2015.

The final orders of the Commission were that the Kenworth Trucks - Enterprise Agreement 2015 be approved under section 231 of the Fair Work Act. The agreement was deemed to be in effect from the date of the Commission's decision and would apply to the employees covered by the agreement. This decision ensured that the agreement would provide a stable and legally compliant framework for the employment conditions of the employees within the Kenworth Trucks Division.

Paccar Australia Pty Ltd T/A Kenworth Trucks Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established