Amos Ridley & Sons Pty Ltd

[2013] FWCA 2252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amos Ridley & Sons Pty Ltd
(AG2013/5686)

AMOS RIDLEY & SONS PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 APRIL 2013

Application for approval of the Amos Ridley & Sons Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Amos Ridley & Sons Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Amos Ridley & Sons Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Transport Workers’ Union of Australia, NSW Branch, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 19 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amos Ridley & Sons Pty Ltd, the employer, applied to the Fair Work Commission for approval of the Amos Ridley & Sons Pty Ltd Enterprise Agreement 2013. The respondents, who were employees of the company, contested the application. The primary dispute concerned the fairness and compliance of the proposed agreement with relevant industrial laws. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the court had to address were whether the agreement contained the mandatory terms as required by the Fair Work Act, whether the agreement had been made in accordance with the relevant provisions of the Act, and whether the agreement was procedurally fair. Specifically, the court had to consider if the agreement adequately covered all required minimum entitlements and if the consultation process met the statutory requirements.

The Fair Work Commission found that the agreement did meet the mandatory term requirements and was procedurally fair. The Commission determined that the employer had engaged in good faith bargaining and provided adequate opportunities for consultation with the employees. The Commission approved the agreement, emphasising the importance of fair and reasonable terms for both parties. Consequently, the application for approval of the agreement was successful.

The final orders of the Commission mandated the approval of the Amos Ridley & Sons Pty Ltd Enterprise Agreement 2013, effective from the date of the decision. The employees were directed to be bound by the terms of the agreement, subject to the right to apply to the Commission for a review of the agreement under the Fair Work Act. This decision affirmed the importance of adhering to the legislative framework in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established