DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PACCAR Australia Pty. Ltd.
(AG2016/4952)

PACCAR PARTS - ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the PACCAR Parts - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PACCAR Parts - Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PACCAR Australia Pty. Ltd. was the applicant in this matter, seeking approval for the PACCAR Parts – Enterprise Agreement 2016. The application was brought before the Fair Work Commission. The dispute centred around the terms and conditions of the proposed enterprise agreement, which aimed to regulate the employment of PACCAR Parts employees. The applicants argued that the agreement was fair and appropriate, while the respondents contested certain provisions.

The primary legal issues the court needed to address were whether the agreement was genuinely an enterprise agreement, if it had been negotiated in good faith, and if it provided fair and reasonable terms for the employees. The court also needed to determine if the agreement met the statutory requirements set out in the Fair Work Act 2009. The court had to balance the need for fair and reasonable terms for both parties while ensuring the agreement complied with the relevant legislation.

The court found that the agreement was indeed an enterprise agreement and had been negotiated in good faith. The court determined that the provisions of the agreement provided fair and reasonable terms for the employees, considering the context and nature of the enterprise. The court also concluded that the agreement met the statutory requirements under the Fair Work Act 2009. As a result, the court approved the PACCAR Parts – Enterprise Agreement 2016, recognising it as a valid and binding agreement between the parties.

In conclusion, the Fair Work Commission approved the PACCAR Parts – Enterprise Agreement 2016. The agreement was found to be a genuine enterprise agreement, negotiated in good faith, and providing fair and reasonable terms for the employees. The court determined that the agreement complied with the statutory requirements under the Fair Work Act 2009, leading to the approval of the agreement.

PACCAR Australia Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established