DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Volgren Australia Pty Ltd
(AG2019/4999)

BRISBANE BUS BUILD PTY LTD ENTERPRISE AGREEMENT 2019-2021

Vehicle industry
DEPUTY PRESIDENT LAKE	BRISBANE, 28 JANUARY 2020

Application for approval of the Brisbane Bus Build Pty Ltd Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Brisbane Bus Build Pty Ltd Enterprise Agreement 2019-2021 (Agreement). The application was made under s.185 of the Fair Work Act 2009 (Act). It has been made by Volgren Australia Pty Ltd (Applicant). The Employer covered by the Agreement is Brisbane Bus Build Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval have been met.

[3] 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 supports the approval of the Agreement and has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.202(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Volgren Australia Pty Ltd sought approval of the Brisbane Bus Build Pty Ltd Enterprise Agreement 2019-2021. The application was made in the Fair Work Commission (FWC) by the employer to the Commission. The dispute centred around whether the agreement complied with the necessary legal requirements for approval, particularly concerning the provisions related to wages, conditions, and other terms of employment.

The legal issues that the FWC was required to decide included whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and if it met the statutory requirements set out in the Fair Work Act 2009. Additionally, the FWC had to consider whether the agreement was consistent with the relevant national employment standards and whether it provided for the appropriate process for resolving disputes.

The FWC determined that the enterprise agreement met the necessary criteria for approval. The FWC found that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the employees. The FWC also confirmed that the agreement complied with the relevant national employment standards and included appropriate dispute resolution processes. Consequently, the FWC approved the Brisbane Bus Build Pty Ltd Enterprise Agreement 2019-2021.

Volgren Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established