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

[2022] FWCA 2230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1724)

Zupps Southside Pty Ltd - Trading As Daimler Trucks Brisbane & Caboolture Enterprise Agreement 2022

Vehicle industry
COMMISSIONER SIMPSON	BRISBANE, 5 JULY 2022

Application for approval of the Zupps Southside Pty Ltd - Trading As Daimler Trucks Brisbane & Caboolture Enterprise Agreement 2022

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 2022 (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 Daimler Trucks Caboolture (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Zupps Southside Pty Ltd, trading as Daimler Trucks Brisbane and Daimler Trucks Caboolture, applied for approval of the Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment within the company, specifically addressing issues raised by the Automotive, Metals and Engineering Employees Union of Australia. The Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issue was whether the Enterprise Agreement contained all the mandatory terms specified in the Fair Work Act, and whether it was made in good faith and without coercion. Additionally, the Commission examined whether the agreement provided for a fair and efficient workplace and if it appropriately addressed the bargaining needs of both parties.

The Fair Work Commission found that the Enterprise Agreement complied with the statutory requirements and was made in good faith. The agreement included all mandatory terms and provided for a fair and efficient workplace, ensuring the bargaining needs of both the employer and employees were met. The Commission approved the Enterprise Agreement, emphasising its balanced approach and the thorough negotiation process that led to its creation.

The Fair Work Commission granted approval of the Enterprise Agreement 2022, with the terms set out in the agreement to take effect from the date of the decision. The Commission's approval ensures that the agreement will govern the employment conditions for the workers involved, providing a clear framework for their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established