DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vossloh Cogifer Australia Pty. Ltd. T/A Vossloh Cogifer Australia
(AG2017/3039)

VOSSLOH COGIFER AUSTRALIA PTY. LTD. - CASTLEMAINE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the Vossloh Cogifer Australia Pty. Ltd. - Castlemaine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Vossloh Cogifer Australia Pty. Ltd. – Castlemaine Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vossloh Cogifer Australia Pty. Ltd. T/A Vossloh Cogifer Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Vossloh Cogifer Australia Pty. Ltd. T/A Vossloh Cogifer Australia applied for the approval of the Vossloh Cogifer Australia - Castlemaine Enterprise Agreement 2017. The application was opposed by the Transport Workers Union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including the necessity for it to be a genuine agreement, free from any form of coercion or undue influence, and to comply with the Fair Work (Registered Organisations) Act 2009.

The Commission needed to determine if the agreement was genuinely negotiated between the employer and the union, and if it was free from any form of coercion or undue influence. It was also required to assess whether the agreement met the minimum standards set out in the Fair Work Act 2009, including provisions on minimum wages, penalty rates, and other employment conditions. The Commission further needed to consider whether the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009, including the requirement for the union to have a majority of members in the relevant bargaining unit.

The Commission found that the agreement was genuinely negotiated and free from any form of coercion or undue influence. It also found that the agreement met the minimum standards set out in the Fair Work Act 2009 and was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009. The Commission was satisfied that the union had a majority of members in the relevant bargaining unit and that the agreement was a genuine agreement between the employer and the union. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Vossloh Cogifer Australia - Castlemaine Enterprise Agreement 2017, subject to certain modifications. The modifications included changes to the agreement's provisions on minimum wages, penalty rates, and other employment conditions to ensure compliance with the Fair Work Act 2009. The Commission also made certain modifications to the agreement's provisions on the union's role in the bargaining unit to ensure consistency with the provisions of the Fair Work (Registered Organisations) Act 2009.

Vossloh Cogifer Australia Pty. Ltd. T/A Vossloh Cogifer Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established