DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scania Australia Pty Ltd
(AG2019/17)

SCANIA AUSTRALIA PTY LTD SOUTH AUSTRALIAN BRANCH ENTERPRISE AGREEMENT 2018 - 2021

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 3 MAY 2019

Application for approval of the Scania Australia Pty Ltd South Australian Branch Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Scania Australia Pty Ltd South Australian Branch Enterprise Agreement 2018 - 2021 (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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 9 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scania Australia Pty Ltd applied to the Fair Work Commission for approval of the Scania Australia Pty Ltd South Australian Branch Enterprise Agreement 2018-2021. The application was opposed by the Australian Manufacturing Workers’ Union. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its provisions on pay rates, hours of work, and conditions of employment.

The legal issues before the Commission were whether the enterprise agreement was "registered" as per the Act and whether it complied with the "better off overall test" and "good faith" requirements. The Commission needed to assess if the agreement provided employees with outcomes that were at least as good as those provided by the relevant industrial instrument and if the agreement was made in good faith.

The Fair Work Commission found that the agreement did comply with the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including pay rates and conditions of employment, and met the better off overall test. The Commission also found that the agreement was made in good faith, taking into account the parties’ respective positions and the interests of the employees. The Commission approved the application for registration of the enterprise agreement.

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