B. Calabro & Sons Pty Ltd

[2013] FWCA 377

FAIR WORK COMMISSION

DECISION

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

B. Calabro & Sons Pty Ltd
(AG2013/4245)

B. CALABRO & SONS PTY LTD AND THE TRANSPORT WORKERS' UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 JANUARY 2013

Application for approval of the B. Calabro & Sons Pty Ltd and the Transport Workers' Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the B. Calabro & Sons Pty Ltd and the Transport Workers' Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 22 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

B. Calabro & Sons Pty Ltd, an employer, and the Transport Workers' Union of Australia, a trade union, applied to the Fair Work Commission for the approval of their 2012 Fair Work Agreement. The applicant union claimed that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant employer opposed the application, arguing that the agreement contained provisions that were not fair and reasonable, particularly in relation to the terms of employment for drivers. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory requirements and was fair and reasonable for the purposes of the Act.

The central legal issues before the Commission involved whether the terms of the agreement met the criteria for approval under section 234 of the Act. Specifically, the Commission had to consider whether the agreement provided for a safety net of minimum wages and conditions, whether it provided for a fair and efficient system of classifying employees and fixing rates of pay, and whether it contained terms that were fair and reasonable. The Commission also had to determine whether the provisions in question, particularly those relating to the drivers' terms of employment, were fair and reasonable.

In its decision, the Commission found that the agreement generally met the criteria for approval. It was satisfied that the agreement provided for a safety net of minimum wages and conditions, and that it established a fair and efficient system of classifying employees and fixing rates of pay. However, the Commission found that certain provisions relating to the drivers' terms of employment were not fair and reasonable. The Commission made several orders to amend the agreement to ensure that it complied with the Act. The employer and the union were required to implement the amended agreement within a specified period.

The Commission's final orders included the approval of the amended agreement, with specific changes to the drivers' terms of employment. The employer and the union were directed to implement the amended agreement within 28 days of the decision. The Commission also ordered that the agreement be registered on the Register of Approved Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established