DECISION

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

Volvo Group Australia Pty Ltd
(AG2015/4247)

VOLVO GROUP AUSTRALIA RETAIL, GOVERNMENTAL SALES AND VMR ENTERPRISE AGREEMENT 2015

Vehicle industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 SEPTEMBER 2015

Application for approval of the Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 August 2015 by Volvo Group Australia Pty Ltd for the approval of a single-enterprise agreement known as the Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2015(“the Agreement”).

[2] On 4 September 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] In light of the Employer’s undertaking, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Volvo Group Australia Pty Ltd recently faced a legal challenge in the Fair Work Commission regarding the approval of the Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2015. The application for approval was made by Volvo Group Australia Pty Ltd, and the dispute involved the terms and conditions outlined in the proposed enterprise agreement.

The central legal issues before the commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the protection of employee rights and the avoidance of undue hardship on the employer. The commission needed to determine if the agreement met the necessary criteria for approval, including ensuring that it did not unfairly disadvantage employees and that it was not contrary to public policy.

In its decision, the commission thoroughly examined the provisions of the proposed agreement, taking into account the arguments presented by both parties. The commission concluded that the agreement did not contravene any provisions of the Fair Work Act and was not contrary to public policy. Furthermore, the commission found that the agreement did not place undue hardship on the employer. Consequently, the commission approved the Volvo Group Australia Retail, Governmental Sales and VMR Enterprise Agreement 2015. This approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable, providing a framework for the relationship between Volvo Group Australia Pty Ltd and its employees.

Volvo Group 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