PACCAR Australia Pty Ltd t/a PACCAR Parts

[2020] FWCA 4897

[2020] FWCA 4897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PACCAR Australia Pty Ltd t/a PACCAR Parts
(AG2020/2375)

PACCAR PARTS - ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 SEPTEMBER 2020

Application for approval of the PACCAR Parts - Enterprise Agreement 2020.

[1] PACCAR Parts has applied for approval of a single enterprise agreement known as the PACCAR Parts - Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 11 September 2020 and, notwithstanding clause 1.7 and in accordance with s.54, will operate from 18 September 2020. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

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Annexure A