Scania Australia Pty Ltd

[2022] FWCA 853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Scania Australia Pty Ltd

(AG2022/286)

Scania National Enterprise Agreement 2021 - 2024

Vehicle industry
COMMISSIONER WILLIAMS	PERTH, 11 MARCH 2022

Application for approval of the Scania National Enterprise Agreement 2021 - 2024.

An application has been made for approval of an enterprise agreement known as the Scania National Enterprise Agreement 2021 - 2024 (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 Pty Ltd. The Agreement is a single-enterprise agreement.

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

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 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009[1] is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

[1] Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scania Australia Pty Ltd brought an application to the Fair Work Commission for the approval of the Scania National Enterprise Agreement 2021 - 2024. The agreement was negotiated between Scania and the Australian Manufacturing Workers' Union and the Australian Services Union. The agreement concerned the terms and conditions of employment for employees within the company, including wages, hours of work, and other employment-related matters. The dispute arose because the unions had applied for the agreement to be registered under the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for approval. The Commission had to consider whether the agreement was in the interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement provided for proper consultation and bargaining between the parties. The Commission considered the evidence and submissions from both Scania and the unions, as well as the views of the employees.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the interests of the employees. The Commission also found that the agreement provided for proper consultation and bargaining between the parties. The Commission noted that the agreement included provisions for wage increases, improved leave entitlements, and other benefits for employees. The Commission was satisfied that the agreement was fair and reasonable, and that it would promote harmonious, productive, and cooperative workplace relations.

The Commission approved the Scania National Enterprise Agreement 2021 - 2024, and the agreement became effective from 1 April 2021. The Commission noted that the agreement would provide for improved terms and conditions of employment for employees, and that it would promote harmonious, productive, and cooperative workplace relations. The Commission also noted that the agreement provided for proper consultation and bargaining between the parties, and that it was in the interests of the employees. The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established