DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scania Australia Pty Ltd
(AG2019/1342)

SCANIA AUSTRALIA PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION (AMWU) CAMPBELLFIELD WAREHOUSE ENTERPRISE AGREEMENT 2019

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2019

Application for approval of the Scania Australia Pty Ltd and the Australian Manufacturing Workers Union (AMWU) Campbellfield Warehouse Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Scania Australia Pty Ltd and the Australian Manufacturing Workers Union AMWU Campbellfield Warehouse Enterprise Agreement 2019 (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.

[2] The Employer 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] The “Automotive, Foods, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scania Australia Pty Ltd and the Australian Manufacturing Workers Union (AMWU) applied for approval of the Scania Australia Pty Ltd and the AMWU Campbellfield Warehouse Enterprise Agreement 2019. The application was heard by the Fair Work Commission (FWC). The dispute involved the terms and conditions of employment within the Campbellfield Warehouse, focusing on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The key legal issues before the FWC were whether the proposed enterprise agreement complied with the provisions of the Act, specifically concerning the procedural fairness in its formation, and whether it met the requirements for good faith bargaining and covered all necessary provisions.

The FWC examined the process by which the agreement was reached, assessing whether it adhered to the principles of procedural fairness and good faith. The Commission considered the evidence provided by both parties regarding the negotiation process and the extent to which the agreement reflected a genuine attempt at collective bargaining. Additionally, the FWC evaluated whether the agreement contained all the mandatory provisions required by the Fair Work Act, such as minimum rates of pay, maximum weekly hours, and other standard terms and conditions of employment. The FWC found that the agreement was formed through a process that met the requirements of procedural fairness and good faith, and that it contained all necessary mandatory provisions.

Consequently, the FWC approved the Scania Australia Pty Ltd and the AMWU Campbellfield Warehouse Enterprise Agreement 2019. The FWC noted that the agreement was a fair and reasonable one, considering the specific circumstances of the workplace. The approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

Scania 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