Vossloh Cogifer Australia Pty Ltd Summary

[2013] FWCA 8368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vossloh Cogifer Australia Pty Ltd
(AG2013/10848)

VOSSLOH COGIFER AUSTRALIA PTY. LTD. ORANGE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 OCTOBER 2013

Application for approval of the Vossloh Cogifer Australia Pty. Ltd. Orange Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Vossloh Cogifer Australia Pty. Ltd. Orange Enterprise Agreement 2013. (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Vossloh Cogifer Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 29 February 2016.

SENIOR 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 Orange Enterprise Agreement 2013. The applicant, Vossloh Cogifer Australia Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The respondents, who were the employees represented by unions, contested the application on various grounds, arguing that the agreement did not meet the legal requirements for approval.

The legal issues before the commission centred on whether the agreement provided for fair terms and conditions of employment, including minimum rates of pay, maximum hours of work, and other employment-related matters. The respondents argued that certain provisions in the agreement were unfair, as they did not provide adequate protections for employees and failed to meet the "better off overall test." This test requires that employees be no worse off and at least some employees be better off overall under the proposed agreement compared to the applicable award or previous agreement.

In considering the application, the commission examined the submissions and evidence presented by both parties. The commission found that the agreement, while not perfect, provided for fair terms and conditions of employment. The commission noted that the agreement contained provisions that addressed key issues such as minimum rates of pay, maximum hours of work, and other employment-related matters. The commission also found that the agreement met the "better off overall test" as it provided for improvements in certain areas, such as increased rates of pay and better leave provisions, which outweighed any potential negative impacts on some employees. Based on these findings, the commission approved the application and the Vossloh Cogifer Australia Pty Ltd Orange Enterprise Agreement 2013 was registered.

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