Agripeta Pty Ltd

[2014] FWCA 1558

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Agripeta Pty Ltd and Direct Mix Concrete Pty Ltd

(AG2014/3607)

AGRIPETA PTY LTD AND DIRECT MIX CONCRETE PTY LTD

DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry

COMMISSIONER ROBERTS

SYDNEY, 5 MARCH 2014

Application for approval of the Agripeta Pty Ltd and Direct Mix Concrete Pty Ltd Drivers
Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the

Agripeta Pty Ltd and Direct Mix Concrete Pty Ltd Drivers Enterprise Agreement 2013 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Agripeta Pty Ltd and Direct Mix Concrete Pty Ltd (the Companies). The agreement is a single-enterprise agreement.

[2] On 4 March 2014 an undertaking was provided by Mr J Edwards, the Company Secretary, in relation to clause 2.5 (Consultation Arrangements) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[2014] FWCA 1558

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2014] FWCA 1558

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Agripeta Pty Ltd and Direct Mix Concrete Pty Ltd. This application was made under section 185 of the Fair Work Act 2009. The proposed agreement, known as the Agripeta Pty Ltd and Direct Mix Concrete Pty Ltd Drivers Enterprise Agreement 2013, is a single-enterprise agreement intended to regulate the employment terms and conditions of drivers working for the companies.

The legal issues the court was required to decide pertain to whether the Agreement complied with the Fair Work Act 2009, specifically sections 186, 187, and 188. The court also needed to consider whether the Transport Workers’ Union of Australia, as a bargaining representative, had given notice under section 183 of the Act to be covered by the Agreement. The court examined if the Agreement met the necessary requirements for approval and if it would operate effectively from the date of approval.

The court found that all the statutory requirements for approval had been met. The Transport Workers’ Union of Australia had provided the necessary notice to be covered by the Agreement, and thus the Agreement was approved. The court noted that the Agreement would commence on 12 March 2014, with a nominal expiry date of 31 October 2016. The court accepted an undertaking provided by Mr. J Edwards, the Company Secretary, regarding consultation arrangements, which was integral to the Agreement.

The final order of the court was to approve the Agripeta Pty Ltd and Direct Mix Concrete Pty Ltd Drivers Enterprise Agreement 2013. The Agreement was to take effect from 12 March 2014, and it would remain in force until 31 October 2016, subject to any further legal challenges or modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established