Volvo Group Australia Pty Ltd Summary

[2013] FWCA 4581

FAIR WORK COMMISSION

DECISION

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

Volvo Group Australia Pty Ltd
(AG2013/7075)

VOLVO GROUP AUSTRALIA RETAIL, MOD CENTRE AND VMR ENTERPRISE AGREEMENT 2013

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 10 JULY 2013

Application for approval of the Volvo Group Australia Retail, Mod Centre and VMR Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Volvo Group Australia Retail, Mod Centre and VMR Enterprise Agreement 2013 (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 Applicant). 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 relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 April 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Volvo Group Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval for a new enterprise agreement with its employees. The agreement, known as the Volvo Group Australia Retail, Mod Centre and VMR Agreement 2013, was intended to govern the terms and conditions of employment for employees across various retail, modification centre, and vehicle maintenance services divisions. The dispute centred on the fairness and appropriateness of the proposed agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the "no disadvantage test" and "better off overall test" as required by the Fair Work Act. These tests ensure that the agreement does not place employees in a worse position than they were in under the previous agreement and that it provides overall benefits to the employees. The Commission had to consider whether the proposed changes in the agreement were fair and reasonable, particularly in light of the economic conditions and industry standards.

The Commission deliberated on the evidence presented, including submissions from both parties, and considered the specific provisions of the agreement. The Commission found that the proposed agreement was fair and reasonable, meeting the statutory requirements of the Act. It determined that employees would not be disadvantaged and would, in fact, be better off overall due to the provisions of the agreement. The Commission approved the agreement, highlighting its balanced approach to addressing the needs of both the employer and employees.

The final order of the Commission was the approval of the Volvo Group Australia Retail, Mod Centre and VMR Agreement 2013, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment of the relevant employees, providing a framework for their working conditions and benefits.

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