Stefan Kohler T/A Volvo Group Australia Pty Ltd Summary

[2024] FWCA 1683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Stefan Kohler T/A Volvo Group Australia Pty Ltd

(AG2024/1198)

VOLVO GTO QLD ENTERPRISE AGREEMENT 2024

Vehicle industry
COMMISSIONER DURHAM	BRISBANE, 7 MAY 2024

Application for approval of the Volvo GTO QLD Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Volvo GTO QLD Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stefan Kohler T/A Volvo Group Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Stefan Kohler trading as Volvo Group Australia Pty Ltd applied for approval of the Volvo GTO QLD Enterprise Agreement 2024. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The Commission was required to determine if the agreement was a genuine enterprise agreement, fairly and properly negotiated, and if it contained terms and conditions that were fair and reasonable.

The court considered whether the agreement had been genuinely negotiated between the employer and the employees, whether the agreement met the criteria for approval under the Fair Work Act, and whether the agreement contained any terms that were unfair or unreasonable. The court examined the process of negotiation and whether the agreement had been properly presented to the employees for their consideration. The court also assessed the terms of the agreement against the Fair Work Act’s criteria for fairness and reasonableness.

The Fair Work Commission concluded that the Volvo GTO QLD Enterprise Agreement 2024 was a genuine enterprise agreement, properly negotiated and presented to the employees. The court found that the agreement contained terms and conditions that were fair and reasonable and met the requirements of the Fair Work Act. Consequently, the Commission approved the agreement. The final orders included the approval of the agreement, which would now be binding on the parties involved.

Stefan Kohler T/A Volvo Group 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