DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scania Australia Pty Ltd T/A Scania Australia
(AG2016/1710)

SCANIA AUSTRALIA PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION (AMWU) NATIONAL WAREHOUSE CAMPBELLFIELD ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 AUGUST 2016

Application for approval of the Scania Australia Pty Ltd and the Australian Manufacturing Workers Union (AMWU) National Warehouse Campbellfield Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Scania Australia Pty Ltd and the Australian Manufacturing Workers Union (AMWU) National Warehouse Campbellfield Enterprise Agreement 2016 (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 T/A Scania Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 August 2016 and, in accordance with s.54, will operate from 19 August 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scania Australia Pty Ltd, trading as Scania Australia, and the Australian Manufacturing Workers Union (AMWU) sought approval of their Enterprise Agreement from 2016 in the Fair Work Commission. The dispute centred on the terms of the proposed agreement, specifically whether it complied with the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the criteria for approval under the Act, including its fairness and the processes followed in its negotiation.

The key legal issues before the Commission were whether the agreement was made in good faith and if the bargaining processes were genuine. Additionally, the Commission needed to assess whether the agreement contained mandatory terms that were not in the public interest and if it failed to provide employees with minimum entitlements under the National Employment Standards. The Commission also had to consider if the agreement unfairly discriminated against employees.

The Fair Work Commission found that the agreement was made in good faith and that the bargaining processes were genuine. The Commission determined that the agreement did not contain any terms that were not in the public interest and that it provided employees with all minimum entitlements. The Commission also found that the agreement did not unfairly discriminate against employees. As a result, the Commission approved the agreement, finding it to be fair and Copmarable. The approval ensures that the terms and conditions set out in the agreement will apply to employees covered by it.

Scania Australia Pty Ltd T/A Scania Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established