Axedale Holdings Pty Ltd T/A Shaws Cartage Contractors Summary

[2014] FWCA 7149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Axedale Holdings Pty Ltd T/A Shaws Cartage Contractors
(AG2014/9220)

SHAWS CARTAGE CONTRACTORS ENTERPRISE AGREEMENT 2014-2017

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 10 OCTOBER 2014

Application for approval of the Shaws Cartage Contractors Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Shaws Cartage Contractors Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Axedale Holdings Pty Ltd trading as Shaws Cartage Contractors. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 2 October 2014.

[3] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[5] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 17 October 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Axedale Holdings Pty Ltd, trading as Shaws Cartage Contractors, and its employees. The dispute centred on the application for approval of the Shaws Cartage Contractors Enterprise Agreement 2014-2017. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory requirements under the Fair Work Act 2009.

The legal issues at hand required the Commission to consider whether the agreement met the criteria for procedural and substantive fairness. Procedurally, the Commission examined if the agreement had been genuinely negotiated, and if the necessary consultation and disclosure obligations were fulfilled. Substantively, the Commission assessed whether the terms of the agreement were fair and reasonable, taking into account the principles of enterprise bargaining set out in the Act.

In its decision, the Commission found that the agreement had been negotiated in good faith and that there was sufficient evidence of consultation and disclosure. The terms of the agreement were considered to be fair and reasonable, as they balanced the interests of both the employer and the employees. The Commission noted that the agreement provided for appropriate wage increases and included provisions for working conditions that were in line with industry standards. The Commission approved the agreement, recognising its compliance with the statutory requirements and its alignment with the principles of enterprise bargaining.

The final orders of the Commission were that the Shaws Cartage Contractors Enterprise Agreement 2014-2017 be approved, with the effective date of the agreement being backdated to the commencement date of the previous agreement.

Axedale Holdings Pty Ltd T/A Shaws Cartage Contractors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established