Volvo Group Australia Pty Ltd

[2018] FWCA 7629

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Volvo Group Australia Pty Ltd

(AG2018/4809)

Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2018

Vehicle industry
Deputy President Colman	MELBOURNE, 17 DECEMBER 2018

Application for approval of the Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Volvo Group Australia Pty Ltd. The agreement is a single enterprise agreement.

The Employer has 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 17 December 2018 and, in accordance with s.54, will operate from 24 December 2018. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Volvo Group Australia Pty Ltd, which sought approval for the Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2018. The Fair Work Commission was tasked with reviewing and approving the agreement under the Fair Work Act 2009. The nature of the dispute was primarily about whether the agreement met the necessary standards for approval, including ensuring it did not adversely affect employees' rights or conditions of employment.

The legal issues before the Commission included whether the agreement contained provisions that were contrary to the general protections of the Fair Work Act, if it adequately covered all relevant employees, and whether it met the requirements for good faith bargaining. Furthermore, the Commission needed to determine if the agreement was in the best interest of the employees it covered and if it provided adequate protections and benefits.

In its decision, the Fair Work Commission considered the arguments presented by both parties and examined the contents of the agreement in detail. The Commission found that the agreement did not contain any provisions that were contrary to the general protections of the Fair Work Act. It also concluded that the agreement was the result of good faith bargaining and met the necessary standards for approval. The Commission took into account the views of the employees and the employer and ultimately determined that the agreement was in the best interest of the employees it covered. The Commission approved the agreement, highlighting its positive aspects, such as improved employee benefits and protections.

The final orders of the Commission included the approval of the Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees until its expiry or termination under the Act. The decision underscored the importance of ensuring that enterprise agreements promote fair and equitable outcomes for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established