Volvo Group Australia Pty Ltd T/A VCV Australia

[2021] FWCA 6081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volvo Group Australia Pty Ltd T/A VCV Australia
(AG2021/7335)

VOLVO GROUP AUSTRALIA RETAIL ENTERPRISE AGREEMENT (2021 - 2023)

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the Volvo Group Australia Retail Enterprise Agreement (2021-2023).

[1] An application has been made for approval of an enterprise agreement known as the Volvo Group Australia Retail Enterprise Agreement (2021 - 2023). (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 T/A VCV Australia. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the Agreement.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2021. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Volvo Group Australia, applied for the approval of a new enterprise agreement with its employees. The respondent, the Australian Manufacturing Workers' Union, represented the employees in the negotiation of the agreement. The application was heard by the Fair Work Commission, an Australian government body responsible for the resolution of workplace disputes. The key legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Commission examined whether the agreement had been negotiated in good faith, covered all relevant employees, and contained appropriate terms and conditions. The applicant argued that the agreement had been negotiated fairly and was in the best interests of the employees. The respondent contended that the agreement did not adequately protect employees' interests, particularly in relation to job security and pay rates. The Commission assessed the evidence provided by both parties and considered relevant precedents.

After carefully reviewing the evidence, the Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement had been negotiated in good faith and contained appropriate terms and conditions for the employees. The Commission also found that the agreement was in the best interests of the employees, taking into account the overall benefits it provided. Consequently, the Commission approved the Volvo Group Australia Retail Enterprise Agreement (2021-2023) as requested by the applicant.

The Commission ordered that the approved agreement be registered and enforceable under the Fair Work Act 2009. The agreement will now govern the employment terms and conditions of the employees represented by the respondent for the specified period. Both parties are bound by the terms of the approved agreement, and any disputes arising from its interpretation or application must be resolved in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established