Vossloh Cogifer Australia Pty Ltd Summary

[2023] FWCA 1492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Vossloh Cogifer Australia Pty Ltd

(AG2023/1293)

VOSSLOH COGIFER AUSTRALIA PTY LTD CASTLEMAINE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 25 MAY 2023

Application for approval of the Vossloh Cogifer Australia Pty. Ltd. – Castlemaine Enterprise Agreement 2023

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. – Castlemaine Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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.

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 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 AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 30 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Vossloh Cogifer Australia Pty Ltd applied for the approval of the Vossloh Cogifer Australia Pty Ltd – Castlemaine Enterprise Agreement 2023. The applicant, a railway infrastructure company, sought to have the agreement, which was negotiated with the Rail, Tram and Bus Union, formally recognised and approved. The union represents employees at the Castlemaine site of the company. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace arrangements, as outlined in the proposed agreement.

The legal issues before the Commission involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included determining if the agreement was made in good faith, if it met the minimum standards set by the Act, and if it was properly certified by a registered bargaining representative. The Commission also needed to consider if the agreement provided for fair and reasonable terms and conditions for the employees involved.

After examining the evidence and submissions presented by both parties, the Commission concluded that the agreement was made in good faith and met all the statutory requirements. The terms of the agreement were deemed fair and reasonable, providing adequate protections for the employees while balancing the needs of the employer. The Commission was satisfied that the agreement complied with the necessary legislative standards and approved the Vossloh Cogifer Australia Pty Ltd – Castlemaine Enterprise Agreement 2023. The final orders included the formal recognition and approval of the agreement, which would now govern the employment conditions of the union members at the Castlemaine site.

Vossloh Cogifer Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established