DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volvo Group Australia Pty Ltd T/A Volvo Group Trucks Operations Cab & Vehicle Assembly - Wacol
(AG2016/7772)

VOLVO GROUP TRUCKS OPERATIONS CAB & VEHICLE ASSEMBLY - WACOL ENTERPRISE AGREEMENT 2016 - 2019

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Volvo Group Trucks Operations Cab & Vehicle Assembly - Wacol Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Volvo Group Trucks Operations Cab & Vehicle Assembly - Wacol Enterprise Agreement 2016 - 2019 (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 Volvo Group Trucks Operations Cab & Vehicle Assembly - Wacol. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 (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) 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 6 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court was an application for the approval of an enterprise agreement between Volvo Group Australia Pty Ltd and its employees. The enterprise agreement in question, the Volvo Group Trucks Operations Cab & Vehicle Assembly - Wacol Enterprise Agreement 2016 - 2019, was proposed as a binding agreement between the employer and the employees represented by the Transport Workers Union of Australia. The application was brought before the Fair Work Commission to determine if the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees. The court had to examine the process by which the agreement was negotiated and whether there was a genuine attempt to bargain in good faith. Additionally, the court needed to ensure that the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net award, and that it did not unfairly disadvantage any group of employees.

The Fair Work Commission found that the enterprise agreement had been made in good faith and contained all the necessary minimum terms and conditions. The court considered the evidence presented regarding the negotiation process, concluding that there had been genuine attempts at bargaining. The agreement was found to provide for terms and conditions that were not less favourable than the applicable award, and the court determined that it was in the best interests of the employees. The court approved the enterprise agreement, noting the benefits it provided to the employees, including improved wages and conditions.

The final orders of the court were that the Volvo Group Trucks Operations Cab & Vehicle Assembly - Wacol Enterprise Agreement 2016 - 2019 be approved and registered by the Fair Work Commission. The agreement was to be binding on the parties from the date of the approval, and it was to remain in effect until the expiry date of 31 December 2019, or until replaced by a new agreement. The court's decision facilitated a binding and beneficial agreement between the employer and the employees, ensuring that the terms of employment were fair and met the statutory requirements.

Volvo Group Australia Pty Ltd T/A Volvo Group Trucks Operations Cab & Vehicle Assembly - Wacol

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established