Axedale Holdings Pty Ltd

[2016] FWCA 419

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Axedale Holdings Pty Ltd T/A Shaws Cartage Contractors

(AG2015/5597)

SHAWS CARTAGE CONTRACTORS ENTERPRISE AGREEMENT

2014-2017

Road transport industry

COMMISSIONER GREGORY

MELBOURNE, 29 JANUARY 2016

Application for variation of the Shaws Cartage Contractors Enterprise Agreement 2014-

2017.

[1] An application has been made for approval of a variation of the Shaws Cartage

Contractors Enterprise Agreement 2014-2017 (the Agreement). The application was made

pursuant to s.210 of the Fair Work Act 2009 (the Act) by the employer party to the

Agreement.

[2] I am satisfied that each of the relevant requirements of ss.210 and 211 of the Act have

been met. I approve the variations which are to replace clause 9 and clause 10 with the copy

contained in Annexure A of this decision.

[3] The Transport Workers’ Union of Australia are a bargaining representative for

members who are covered by the Agreement and have filed a statutory declaration in support

of the application.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In

accordance with s.216 of the Act, the variation operates on and from the date of this decision.

COMMISSIONER

[2016] FWCA 419

Annexure A:

[2016] FWCA 419

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Commissioner Gregory presided over an application for the approval of a variation to the Shaws Cartage Contractors Enterprise Agreement 2014-2017 (the Agreement). The applicant, Axedale Holdings Pty Ltd trading as Shaws Cartage Contractors, sought to vary the Agreement as permitted under section 210 of the Act. The Transport Workers’ Union of Australia, as a bargaining representative for employees covered by the Agreement, supported the application. The court was tasked with determining whether the application met the statutory requirements for such a variation and if the proposed changes were fair and reasonable.

The legal issues at hand involved verifying that the application adhered to the specific provisions of sections 210 and 211 of the Fair Work Act. The court had to ensure that the proposed changes to clauses 9 and 10 of the Agreement were in line with the legislative framework and that the requisite procedural steps had been correctly followed. Additionally, the court needed to assess if the new clauses, as proposed in Annexure A, were fair and reasonable, taking into account the interests of both the employer and the employees.

After careful consideration, Commissioner Gregory concluded that all statutory requirements had indeed been met. The Transport Workers’ Union of Australia had filed a statutory declaration in support of the application, which facilitated the court's decision. The commissioner approved the variations to clauses 9 and 10, as detailed in Annexure A. Consequently, the court issued a decision approving the variations, which would take effect from the date of the decision as per section 216 of the Act. A consolidated version of the varied Agreement was attached to the decision for reference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established