Scania Australia Pty Ltd Summary

[2013] FWCA 9726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Scania Australia Pty Ltd
(AG2013/11438)

SCANIA AUSTRALIA PTY LTD BRISBANE BRANCH ENTERPRISE AGREEMENT 2013-2015

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 11 DECEMBER 2013

Application for approval of the Scania Australia Pty Ltd Brisbane Branch Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known asthe

Scania Australia Pty Ltd Brisbane Branch 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). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as Australian, Manufacturing Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Scania Australia Pty Ltd, the applicant, sought approval of a proposed enterprise agreement with its employees, which covered the period from 2013 to 2015. The respondents included the Australian Manufacturing Workers' Union and the United Voice union. The Fair Work Commission, Australia's industrial relations tribunal, was the court in this matter.

The legal issues before the Commission involved assessing whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" (BOOT), which required that employees be no worse off financially than under their previous conditions of employment, and if it contained all mandatory terms and conditions as prescribed by the Act.

In rendering its decision, the Commission examined the provisions of the agreement and the submissions from both the applicant and the respondents. The Commission found that the proposed agreement met the BOOT and contained all mandatory terms. It acknowledged the fairness of the agreement in terms of pay rates, leave entitlements, and other conditions. Consequently, the Commission approved the Scania Australia Pty Ltd Brisbane Branch Enterprise Agreement 2013-2015. This approval was based on the finding that the agreement would not detrimentally affect the employees' financial position and that it complied with all statutory requirements.

Scania Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established