DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scania Australia Pty Ltd
(AG2018/6174)

SCANIA AUSTRALIA PTY LTD BRISBANE BRANCH ENTERPRISE AGREEMENT 2018-2021

Vehicle industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Scania Australia Pty Ltd Brisbane Branch Enterprise Agreement 2018 -2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 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) of the Act I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scania Australia Pty Ltd recently sought approval of an enterprise agreement from the Fair Work Commission. The agreement, which was intended to cover employees of the Brisbane branch of Scania Australia, spanned the period from 2018 to 2021. The Fair Work Commission was required to assess the agreement under the Fair Work Act 2009 to determine whether it met the necessary criteria for approval. This involved scrutinising the agreement to ensure it complied with the relevant provisions of the Act, including those concerning the procedural fairness of its negotiation and the fairness of its terms.

The primary legal issues before the Commission were whether the agreement had been fairly negotiated and whether its terms were fair. The negotiation process was examined to ensure it adhered to the procedural requirements set out in the Fair Work Act. This included verifying that the agreement was negotiated in good faith and that appropriate steps were taken to ensure the employees' views were considered. The fairness of the agreement's terms was assessed against various benchmarks, including the National Employment Standards, the relevant industry award, and any other relevant agreements. The Commission also had to consider the overall fairness of the agreement, including its impact on the employees and the employer.

The Commission found that the enterprise agreement had been negotiated in good faith and that all necessary procedural steps were followed. It determined that the agreement's terms were fair, taking into account the relevant benchmarks and the overall impact on the employees and the employer. The Commission was satisfied that the agreement provided for appropriate pay and conditions, and that it did not unjustifiably disadvantage any party. As a result, the Commission approved the enterprise agreement.

The Commission's final order was that the Scania Australia Pty Ltd Brisbane Branch Enterprise Agreement 2018-2021 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to come into effect and bind both the employer and the employees of the Brisbane branch of Scania Australia for the specified period.

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