Vossloh Cogifer Australia Pty Ltd
[2025] FWCA 492
•7 FEBRUARY 2025
| [2025] FWCA 492 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Vossloh Cogifer Australia Pty Ltd
(AG2025/143)
VOSSLOH COGIFER AUSTRALIA PTY LTD VICTORIAN ENTERPRISE AGREEMENT 2024 - 2028
| Railway components manufacturing industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 7 FEBRUARY 2025 |
Application for approval of the Vossloh Cogifer Australia Pty Ltd Victorian Enterprise Agreement 2024 - 2028
Introduction
Vossloh Cogifer Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Vossloh Cogifer Australia Pty Ltd Victorian Enterprise Agreement 2024 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by the Manufacturing and Associated Industries and Occupations Award 2020. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative of employees in relation to the Agreement.
Voting Method
The Form F17B Declaration states that voting was conducted via a show of hands. However, paragraph 15 of the Statement of Principles (the Principles) requires a voting process that ensures each employee's vote is confidential and not ascertainable by the employer. The method used raises concerns regarding whether the Employer could identify individual employees.
The AMWU submitted that employees were informed at a toolbox meeting on 21 January 2025 that voting would be conducted by a show of hands in front of an AMWU delegate without management involvement. The results were then relayed to the Employer. I am satisfied having regard to those submissions that the requirements in paragraph 15 of the Principles have been satisfied.
Apprentice Rates
Clause 27.2 of the Agreement states that apprentices are to be paid in accordance with the wage rate percentages specified in the Award. However, clause 21.5 of the Award sets percentage rates for all stages except Stage 4, which is instead paid at the C12 pay rate. As there is no specified percentage for Stage 4 apprentices, it is unclear how the corresponding Agreement rate should be determined.
Additionally, the Agreement does not specify whether the stated pay rates apply uniformly to all apprentices or whether a different calculation applies for adult apprentices. The Employer provided an undertaking to address this issue.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Attachment 4. 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The 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 AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 31 May 2028.
DEPUTY PRESIDENT
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