Stacy Carroll T/A Scania Australia Pty Ltd

[2024] FWCA 4112

[2024] FWCA 4112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stacy Carroll T/A Scania Australia Pty Ltd

(AG2024/4294)

SCANIA NATIONAL ENTERPRISE AGREEMENT 2024 - 2027

Vehicle industry
COMMISSIONER REDFORD	MELBOURNE, 26 NOVEMBER 2024

Application for approval of the Scania National Enterprise Agreement 2024 - 2027

1. An application has been made for approval of an enterprise agreement known as the Scania National Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stacy Carroll T/A Scania Australia Pty Ltd. The Agreement is a single enterprise agreement.

Undertakings

1. In response to an issue raised with the employer in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement. The undertakings relate to:  

a.The definition of a shiftworker. 

Mandatory clauses 

1. This agreement’s underpinning Award, the Vehicle, Repair, Services and Retail Award 2020 (the Award), provides for a definition of a shiftworker at clause 29.11. While the agreement is silent as to the definition of a shiftwork, an undertaking was provided by the employer such that the definition of a shiftworker reflects the definition provided in clause 29.11 of the Award. 

Interaction with the National Employment Standards 

1. Clause 5.2 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

1. Clause 13.7 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply. 

2. Clause 13.1(b) provides for no additional week of annual leave for shiftworkers. However, taking into account the NES precedence clause read in conjunction with an undertaking provided by the employer, the superior entitlement in s 87 of the Act providing for 5 weeks annual leave for a shift worker will apply.  

Consideration

1. 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.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526881  PR781646>

Annexure A