DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APS Group (Transport) Pty Ltd
(AG2015/1973)

AUSTRALIAN PERSONNEL SOLUTIONS/AMERICOLD COLD STORAGE CONTRACT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 MARCH 2015

Application for approval of the Australian Personnel Solutions/Americold Cold Storage Contract Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Personnel Solutions/Americold Cold Storage Contract Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by APS Group (Transport) Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Personnel Solutions/Americold Cold Storage Contract Enterprise Agreement 2014, APS Group (Transport) Pty Ltd applied for approval. The matter was heard in the Fair Work Commission. The primary dispute involved the proposed terms of the enterprise agreement, specifically the inclusion of a clause that would have allowed for the reduction of employees' leave entitlements in certain circumstances.

The legal issues before the Commission centred on whether the proposed leave reduction clause was consistent with the requirements of the Fair Work Act 2009. The Commission had to consider whether the clause was procedurally and substantively fair, whether it complied with the general principles of the award system, and whether it was in the best interest of the employees. The Commission also considered the arguments from both the employer and the employees' representative, the Transport Workers Union.

The Commission found that the proposed leave reduction clause was procedurally fair, as it had been the subject of genuine bargaining between the parties. However, it was substantively unfair as it would have adversely affected the employees' leave entitlements without adequate justification. The Commission noted that the clause was not consistent with the general principles of the award system, which aims to provide a minimum safety net of rights and benefits for employees. The Commission also found that the clause was not in the best interest of the employees, as it would have potentially reduced their ability to take leave and could have had a negative impact on their work-life balance. As a result, the Commission refused to approve the proposed enterprise agreement, including the leave reduction clause.

The Fair Work Commission's decision highlights the importance of ensuring that any proposed changes to employees' entitlements are procedurally and substantively fair, consistent with the general principles of the award system, and in the best interest of the employees. Employers must engage in genuine bargaining with employees' representatives and provide adequate justification for any proposed changes to entitlements. The decision also underscores the role of the Fair Work Commission in ensuring that enterprise agreements comply with the Fair Work Act 2009 and promote fair and equitable outcomes for both employers and employees.

APS Group (Transport) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established