DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volvo Group Australia Pty Ltd T/A Volvo Group Trucks Operations Service Market Logistics, Airds Road Minto A Division of Volvo Group Australia Pty Ltd
(AG2018/5227)

VOLVO GTO SERVICE MARKET LOGISTICS AUSTRALIA ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Volvo GTO Service Market Logistics Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Volvo GTO Service Market Logistics Australia Enterprise Agreement 2017 (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 Service Market Logistics, Airds Road Minto A Division of Volvo Group Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant company, Volvo Group Australia, sought approval for a proposed enterprise agreement, the Volvo GTO Service Market Logistics Australia Enterprise Agreement 2017, under the Fair Work Act 2009. The Fair Work Commission heard the application, with the dispute involving the fairness and suitability of the proposed agreement. The application was brought by the applicant in its capacity as an employer, and the respondent, the Automotive, Food, Beverages, Tobacco and General Workers' Union of Australia, represented the employees.

The primary legal issues revolved around whether the proposed agreement met the criteria for being deemed "appropriate" and "fair" as outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was free from any coercion, undue influence, or any other factors that could undermine the voluntariness of the agreement. Additionally, the Commission considered whether the agreement provided fair and reasonable terms and conditions for the employees, including matters such as wages, hours of work, and other employment-related issues.

The Commission found that the proposed agreement was appropriate and fair, as it was entered into voluntarily by both parties. The Commission noted that the agreement contained provisions that were reasonable and met the needs of both the employer and employees. Furthermore, the agreement included a no-disadvantage test, ensuring that employees would not be worse off under the new agreement compared to their previous terms. Consequently, the Commission approved the agreement, finding it to be fair and appropriate for the employees covered by it.

In light of the findings, the Commission approved the Volvo GTO Service Market Logistics Australia Enterprise Agreement 2017, which will now apply to the relevant employees. The approval ensures that the agreement's terms and conditions will be legally binding on both the employer and employees, providing a framework for their future employment relationship.

Volvo Group Australia Pty Ltd T/A Volvo Group Trucks Operations Service Market Logistics, Airds Road Minto A Division of 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