| [2022] FWCA 1872 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Scania Australia Pty Ltd T/A Scania Australia Pty Ltd
(AG2022/1517)
Scania National Warehouse Enterprise Agreement 2022 - 2025
| Vehicle industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 7 JUNE 2022 |
Application for approval of the Scania National Warehouse Enterprise Agreement 2022 - 2025
An application has been made for approval of an enterprise agreement known as the Scania National Warehouse Enterprise Agreement 2022 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 June 2022. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516201 PR742416>
Annexure A
- AGLC
- Scania Australia Pty Ltd T/A Scania Australia Pty Ltd [2022] FWCA 1872
- Case
- [2022] FWCA 1872
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and if the process of its formation was fair and lawful. The Commission had to ensure that the agreement did not unfairly disadvantage employees, was not coercive, and was made without any improper conduct by the employer.
In its reasoning, the Commission examined the evidence and submissions presented by both parties. It found that the agreement was genuinely negotiated and that the process was conducted fairly and without any undue influence or coercion. The Commission determined that all minimum terms and conditions were included in the agreement and that it provided adequate protections for employees. Consequently, the Commission approved the agreement, certifying it as meeting the requirements of the Fair Work Act.
The final orders of the Commission were that the Scania National Warehouse Enterprise Agreement 2022-2025 be approved and registered as a single-employer, single-enterprise agreement. The agreement was to take effect from the date of registration and be binding on all parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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