Scania Australia Pty Ltd

[2013] FWCA 7650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Scania Australia Pty Ltd
(AG2013/9223)

SCANIA AUSTRALIA PTY LTD ENTERPRISE AGREMENT 2013 - 2015

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2013

Application for approval of the Scania Australia Pty Ltd Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Scania Australia Pty Ltd Enterprise Agreement 2013 - 2015 (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 Applicant). The agreement is a single-enterprise agreement.

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

[3] The Automotive Food Metal Engineering Printing & Kindred Industries Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scania Australia Pty Ltd sought approval of an enterprise agreement for its employees under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which was required to determine whether the agreement was suitable for registration. The agreement in question was between Scania Australia Pty Ltd and the Automotive, Metals and Engineering Employees Union. The dispute involved various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement provided for the employees' proper classification and remuneration, and whether it contained all the mandated terms and conditions. Additionally, the Commission had to consider if the agreement was made in good faith and if it complied with the requirements for simplification and clarity. The Commission also had to assess if the agreement provided for fair and reasonable terms and conditions, and if it was likely to achieve industrial harmony.

The Commission found that the agreement was suitable for approval as it met the requirements of the Fair Work Act. The agreement provided for proper classification and remuneration of employees, and included all mandated terms and conditions. The Commission was satisfied that the agreement was made in good faith and was fair and reasonable. The Commission also found that the agreement was simple, clear, and likely to achieve industrial harmony. The Commission approved the Scania Australia Pty Ltd Enterprise Agreement 2013 - 2015, which was subsequently registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established