Scania Australia Pty Ltd

[2014] FWCA 233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scania Australia Pty Ltd
(AG2014/3213)

SCANIA AUSTRALIA PTY LTD & (NUW) WAREHOUSE SINGLE ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 9 JANUARY 2014

Application for approval of the Scania Australia Pty Ltd & (NUW) Warehouse Single Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Scania Australia Pty Ltd & (NUW) Warehouse Single 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). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The National Union of Workers, the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2014. The nominal expiry date of the Agreement is 31 March 2016.

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 & (NUW) Warehouse Single Enterprise Agreement 2013-2015. The applicant sought to have the agreement registered and made applicable to its employees. The dispute arose from a disagreement about the terms and conditions of employment within the proposed agreement. The matter was heard by the Commission, presided over by Commissioner B.

The primary legal issues the Commission needed to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it complied with the provisions for single enterprise agreements. Specifically, the Commission had to determine if the agreement provided for minimum entitlements, if it was fairly negotiated, and if it was in the best interest of the employees it covered. Furthermore, the Commission needed to consider whether the agreement was consistent with the principles of the Australian labour market and the broader economic context.

In making its decision, the Commission examined the negotiation process and the content of the proposed agreement. The Commission found that the agreement was fairly negotiated and met the minimum entitlements set out in the Fair Work Act. The Commission was satisfied that the agreement was in the best interests of the employees and was consistent with broader economic principles. Consequently, the Commission approved the Scania Australia Pty Ltd & (NUW) Warehouse Single Enterprise Agreement 2013-2015 and ordered that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established