Vossloh Cogifer Australia Pty Ltd

[2013] FWCA 3952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Vossloh Cogifer Australia Pty Ltd
(AG2013/6911)

VOSSLOH COGIFER AUSTRALIA PTY. LTD. - CASTLEMAINE ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2013

Application for approval of the Vossloh Cogifer Australia Pty. Ltd. - Castlemaine Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Vossloh Cogifer Australia Pty. Ltd. - Castlemaine Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Vossloh Cogifer Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 June 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Vossloh Cogifer Australia Pty Ltd, sought approval for an enterprise agreement with their employees. The matter was heard in the Fair Work Commission. The dispute centred around whether the agreement, known as the Vossloh Cogifer Australia Pty Ltd - Castlemaine Enterprise Agreement 2012, met the legal requirements for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement had been made in good faith and that it contained certain prescribed terms.

The Commission needed to determine whether the agreement satisfied the criteria for approval as set out in the Fair Work Act. This involved examining whether the agreement was made in good faith and if it included all the prescribed terms, such as those relating to minimum wages, penalty rates, and other employment conditions. The Commission also considered whether the agreement provided for the protection of employees' rights and interests.

In assessing the agreement, the Commission reviewed the evidence and submissions from both parties. It found that the agreement was made in good faith and contained all the required prescribed terms. The Commission noted that the agreement had been negotiated between the parties with a genuine intent to reach a resolution and that it provided adequate protections for the employees. Consequently, the Commission approved the agreement, finding that it met the statutory requirements for approval.

The Commission's final order was the approval of the Vossloh Cogifer Australia Pty Ltd - Castlemaine Enterprise Agreement 2012, effective from the date of the decision. This approval ensured that the agreement would govern the employment conditions of the employees as per the terms negotiated and agreed upon by both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established