DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zupps Southside Pty Ltd
(AG2018/5505)

ZUPPS SOUTHSIDE PTY LTD - TRADING AS DAIMLER TRUCKS BRISBANE & CABOOLTURE ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 APRIL 2019

Application for approval of the Zupps Southside Pty Ltd - Trading As Daimler Trucks Brisbane & Caboolture Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Zupps Southside Pty Ltd - Trading As Daimler Trucks Brisbane & Caboolture Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zupps Southside Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 31 August 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Zupps Southside Pty Ltd applied to the Fair Work Commission for the approval of the Zupps Southside Pty Ltd - Trading As Daimler Trucks Brisbane & Caboolture Enterprise Agreement 2018. The dispute arose because certain employees had not agreed to the terms of the proposed enterprise agreement. The court was required to determine whether the agreement was in the interests of the employees and to consider the impact of any non-agreement on the employees.

The court examined the provisions of the Fair Work Act 2009 and the relevant case law. It considered the principles of good faith bargaining and the importance of ensuring that employees were fairly represented. The court also took into account the evidence presented by both parties, including the views of the employees who had not agreed to the proposed agreement.

The court found that the proposed enterprise agreement was in the best interests of the employees, despite some employees not agreeing to it. It held that the agreement provided for fair and reasonable terms and conditions of employment and that the process of bargaining had been conducted in good faith. The court approved the agreement, noting that it was in the interests of the employees as a whole and that the non-agreement of some employees did not undermine the overall fairness of the agreement.

The court ordered that the Zupps Southside Pty Ltd - Trading As Daimler Trucks Brisbane & Caboolture Enterprise Agreement 2018 be approved and registered. The agreement was to be deemed to have come into effect from the date of the approval, and all employees were to be bound by its terms. The court also ordered that the employer take all necessary steps to ensure that the employees were informed of the approved agreement and its terms.

Zupps Southside 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