A & N Enterprises (Australia) Pty Ltd T/A ADAMS Coachlines; ADAMS Mining Services

[2013] FWCA 2159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A & N Enterprises (Australia) Pty Ltd T/A ADAMS Coachlines; ADAMS Mining Services
(AG2013/4822)

ADAMS DRIVERS ENTERPRISE AGREEMENT

Passenger vehicle transport (non rail) industry
COMMISSIONER WILLIAMS	PERTH, 10 APRIL 2013

Application for approval of the ADAMS Drivers Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the ADAMS Drivers Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A & N Enterprises (Australia) Pty Ltd T/A ADAMS Coachlines; ADAMS Mining Services. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2013. Section 186(5) of the Act specifies the nominal expiry date cannot be more than four years after the date of approval. Accordingly the nominal expiry date of the Agreement is 10 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, A & N Enterprises (Australia) Pty Ltd trading as Adams Coachlines and Adams Mining Services, sought approval of the Adams Drivers Enterprise Agreement. The applicant argued that the agreement provided for appropriate terms and conditions for its employees, including those who were not union members. The respondent, the Transport Workers Union of Australia, opposed the application, contending that the agreement did not provide adequate protections for employees and was not in the best interests of the employees.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it provided for appropriate terms and conditions. The Commission considered whether the agreement provided for adequate protections for employees, including those who were not union members, and whether it provided for appropriate terms and conditions for the employees. The Commission also considered whether the agreement was made in good faith and whether it provided for a fair and efficient means of resolving disputes between the parties.

The Commission found that the agreement provided for appropriate terms and conditions for the employees and was in their best interests. The Commission noted that the agreement provided for a range of protections for employees, including provisions for minimum rates of pay, leave entitlements, and occupational health and safety. The Commission also found that the agreement provided for a fair and efficient means of resolving disputes between the parties. The Commission noted that the agreement provided for a dispute resolution process that was accessible to all employees and provided for a range of dispute resolution options, including conciliation and arbitration.

The Commission approved the Adams Drivers Enterprise Agreement. The Commission found that the agreement provided for appropriate terms and conditions for the employees and was in their best interests. The Commission also found that the agreement was made in good faith and provided for a fair and efficient means of resolving disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established