DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scania Australia Pty Ltd
(AG2015/3379)

SCANIA AUSTRALIA PTY LTD NSW BRANCH ENTERPRISE AGREEMENT 2015-2017

Vehicle industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 SEPTEMBER 2015

Application for approval of the Scania Australia Pty Ltd NSW Branch Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Scania Australia Pty Ltd NSW Branch Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 21 August 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 September 2015. The nominal expiry date of the Agreement is 18 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scania Australia Pty Ltd applied for the approval of the Scania Australia Pty Ltd NSW Branch Enterprise Agreement 2015 - 2017. The application was made to the Fair Work Commission. The dispute involved the validity and enforceability of the enterprise agreement in question. The applicant sought to have the agreement approved and registered as a protected action agreement under the Fair Work Act 2009.

The court had to consider several legal issues, including whether the agreement was genuinely made by the parties, whether it contained the required minimum terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act. The applicant needed to demonstrate that the agreement had been fairly negotiated and that it met the statutory requirements for registration. The court also needed to consider whether the agreement was consistent with the public interest.

The court found that the agreement was genuinely made by the parties and that it contained the required minimum terms and conditions. The agreement was found to be consistent with the public interest and complied with the relevant provisions of the Fair Work Act. The court approved the application and registered the agreement as a protected action agreement. The applicant's application was therefore successful.

The court ordered that the Scania Australia Pty Ltd NSW Branch Enterprise Agreement 2015 - 2017 be approved and registered as a protected action agreement under the Fair Work Act. The agreement was to be in effect from the date of the registration and would remain in force until the expiration of its term or until it was terminated in accordance with the provisions of the Fair Work Act. The court's decision provided clarity and certainty for the parties involved and ensured that the agreement was enforceable under the law.

Scania Australia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established