DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zupps Southside Pty Ltd T/A Daimler Trucks Brisbane and Caboolture
(AG2016/7850)

ZUPPS SOUTHSIDE PTY LTD, DAIMLER TRUCKS BRISBANE AND CABOOLTURE ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the Zupps Southside Pty Ltd, Daimler Trucks Brisbane and Caboolture Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the the Zupps Southside Pty Ltd, Daimler Trucks Brisbane and Caboolture Enterprise Agreement 2016 (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 T/A Daimler Trucks Brisbane and Caboolture. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Zupps Southside Pty Ltd, trading as Daimler Trucks Brisbane and Caboolture, applied for approval of the Zupps Southside Pty Ltd, Daimler Trucks Brisbane and Caboolture Enterprise Agreement 2016. The application was heard by the Fair Work Commission (FWC), a federal workplace relations tribunal in Australia. The applicant sought approval for the agreement under the Fair Work Act 2009, which requires that certain criteria be met for an enterprise agreement to be deemed "unregisterable." This case involved the negotiation and subsequent application for approval of an enterprise agreement between Zupps Southside Pty Ltd and its employees.

The legal issues before the Commission included whether the agreement was fairly negotiated, whether it contained the minimum terms and conditions mandated by the Fair Work Act, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to consider if the agreement met the "better off overall test" (BOOT), which ensures that employees are not worse off financially under the new agreement compared to their previous terms.

The Commission examined the negotiation process and found that the agreement was fairly negotiated between the parties. It determined that the agreement contained all the mandated minimum terms and conditions and was consistent with the provisions of the Fair Work Act. The Commission also concluded that the agreement met the BOOT, as employees were not worse off overall. After considering all factors, the Commission approved the enterprise agreement, finding it to comply with the statutory requirements.

The Fair Work Commission approved the Zupps Southside Pty Ltd, Daimler Trucks Brisbane and Caboolture Enterprise Agreement 2016, deeming it to be fairly negotiated, compliant with the statutory minimum terms, and meeting the better off overall test. This decision was made under the authority granted by the Fair Work Act 2009, and the agreement was approved for registration.

Zupps Southside Pty Ltd T/A Daimler Trucks Brisbane and Caboolture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established