DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vossloh Cogifer Australia Pty Ltd
(AG2020/2067)

VOSSLOH COGIFER AUSTRALIA PTY LTD - CASTLEMAINE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JULY 2020

Application for approval of the Vossloh Cogifer Australia Pty Ltd - Castlemaine Enterprise Agreement 2020

[1] Vossloh Cogifer Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Vossloh Cogifer Australia Pty Ltd - Castlemaine Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as is relevant to this application for approval has 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 July 2020 and, in accordance with s 54, will operate from 7 August 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Vossloh Cogifer Australia Pty Ltd - Castlemaine Enterprise Agreement 2020. The applicant, Vossloh Cogifer Australia Pty Ltd, sought to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for registration.

The central legal issue the Commission had to decide was whether the agreement satisfied the criteria set out in section 230 of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with procedural requirements such as the need for genuine bargaining and the provision of a copy of the agreement to employees. Additionally, the Commission had to ensure that the agreement did not contain any terms that would result in a reduction of the minimum safety net entitlements of employees.

The Commission found that the agreement was made in good faith and that it contained all the necessary minimum terms and conditions. The evidence demonstrated that there had been genuine bargaining between the parties and that the agreement had been properly negotiated. The Commission also confirmed that the procedural requirements had been met, including the provision of a copy of the agreement to employees. Importantly, the Commission determined that the agreement did not contain any terms that would result in a reduction of the minimum safety net entitlements of employees. Having considered all the evidence and arguments, the Commission was satisfied that the agreement met the requirements for registration under the Fair Work Act.

The Fair Work Commission approved the Vossloh Cogifer Australia Pty Ltd - Castlemaine Enterprise Agreement 2020 as a registered enterprise agreement. The Commission's decision confirmed that the agreement was valid and could be registered, providing certainty and stability for the parties involved.

Vossloh Cogifer 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