DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volvo Group Australia Pty Ltd T/A Volvo Service Market Logistics
(AG2021/6207)

VOLVO GTO SERVICE MARKET LOGISTICS AUSTRALIA ENTERPRISE AGREEMENT 2021-2023

Vehicle industry
COMMISSIONER JOHNS	SYDNEY, 23 JULY 2021

Application for approval of the Volvo GTO Service Market Logistics Australia Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Volvo GTO Service Market Logistics Australia 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 Volvo Service Market Logistics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Volvo Group Australia Pty Ltd, trading as Volvo Service Market Logistics, applied to the Fair Work Commission for approval of the Volvo GTO Service Market Logistics Australia Enterprise Agreement 2021-2023. The application was contested by the Automotive, Transport and General Workers Union of Australia, who argued that the agreement was not in the best interests of the employees due to certain provisions related to rostering and leave entitlements. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the provisions regarding rostering and leave entitlements were fair and reasonable, and whether the agreement overall was in the best interests of the employees. The Commission had to assess if the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the protection of employee interests and the maintenance of industrial peace.

In delivering its decision, the Commission examined the evidence and submissions from both parties. It considered the nature of the work involved, the practicality of the rostering arrangements, and the balance between the needs of the employer and the rights of the employees. The Commission found that while some provisions could be improved, the overall agreement was in the best interests of the employees. The provisions regarding rostering and leave were deemed to be fair and reasonable, taking into account the specific operational requirements of the business.

The Fair Work Commission approved the Volvo GTO Service Market Logistics Australia Enterprise Agreement 2021-2023, subject to certain modifications to the rostering and leave provisions to better protect employee interests. The Commission's decision balanced the need for operational flexibility with the importance of fair treatment and adequate rest periods for employees.

Volvo Group Australia Pty Ltd T/A Volvo Service Market Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established