DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scania Australia P/L T/A Scania Australia P/L
(AG2017/5310)

SCANIA AUSTRALIA PTY LTD BERESFIELD AND PRESTONS NEW SOUTH WALES ENTERPRISE AGREEMENT 2017 -2020

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 FEBRUARY 2018

Application for approval of the Scania Australia Pty Ltd Beresfield and Prestons New South Wales Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Scania Australia Pty Ltd Beresfield and Prestons New South Wales Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scania Australia P/L T/A Scania Australia P/L. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 February 2018 and, in accordance with s.54, will operate from 13 February 2018. The nominal expiry date of the Agreement is 13 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scania Australia Pty Ltd T/A Scania Australia Pty Ltd, an automotive manufacturing company, sought approval of the Enterprise Agreement 2017-2020 with their employees, represented by the United Voice union. The application was heard in the Fair Work Commission. The central dispute revolved around the terms of the proposed agreement, particularly the clauses concerning employee entitlements and working conditions. The union argued that certain provisions did not meet the standards set by the Fair Work Act 2009, while Scania maintained that the agreement was fair and reasonable.

The primary legal issue before the Commission was whether the terms and conditions stipulated in the Enterprise Agreement complied with the requirements of the Fair Work Act. This included assessing if the agreement provided for minimum entitlements as per the relevant awards, and whether it was free from prohibited content. Additionally, the Commission had to determine whether the agreement was made in good faith and whether it had been appropriately negotiated. The union contested several clauses, arguing they fell short of providing adequate protections and did not reflect the genuine terms of employment.

After reviewing the submissions and evidence presented by both parties, the Commission found that the Enterprise Agreement largely met the statutory requirements. The Commission acknowledged the union's concerns but concluded that the overall provisions were fair and reasonable. The agreement was deemed to provide for the minimum entitlements and was free from prohibited content. The Commission also found that the agreement was made in good faith and was the product of genuine negotiations. As a result, the Commission approved the Enterprise Agreement, allowing it to come into effect as negotiated.

The Fair Work Commission approved the Scania Australia Pty Ltd Enterprise Agreement 2017-2020, affirming its compliance with the Fair Work Act. The agreement is now in effect, governing the terms and conditions of employment between Scania Australia Pty Ltd and its employees represented by the United Voice union.

Scania Australia P/L T/A Scania Australia P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established