B & E Blanch Pty Ltd

[2013] FWCA 3690

FAIR WORK COMMISSION

DECISION

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

B & E Blanch Pty Ltd
(AG2013/1363)

BLANCH'S PASSENGER TRANSPORT DRIVERS ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 7 JUNE 2013

Application for approval of the Blanch's Passenger Transport Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Blanch's Passenger Transport Drivers Enterprise Agreement 2013 (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 Agreement is approved and will operate from 14 June 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

In the matter of B & E Blanch Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Blanch's Passenger Transport Drivers Enterprise Agreement 2013. The application was brought by the employer, B & E Blanch Pty Ltd, and opposed by the Transport Workers Union of Australia. The dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically in terms of its coverage, provisions, and compliance with the Fair Work (Registered Organisations) Act 2009.

The primary legal issues before the Commission were whether the agreement was a "single interested employer agreement" and whether it complied with the procedural and substantive requirements under the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and if it was certified in accordance with the relevant legislative provisions.

In addressing these issues, the Commission found that the agreement was indeed a single interested employer agreement as it was entered into by a single employer and covered employees performing specific roles within the company. The Commission also found that the agreement complied with the procedural requirements, having been negotiated in good faith, and that the substantive terms and conditions were fair and reasonable. The Commission took into account the nature of the work, the bargaining positions of the parties, and the overall fairness of the agreement. Consequently, the application for approval was successful, and the agreement was certified by the Commission.

As a result of the Commission's decision, the Blanch's Passenger Transport Drivers Enterprise Agreement 2013 was approved and certified, effective from the date of the decision. The agreement now serves as a binding enterprise agreement between B & E Blanch Pty Ltd and its drivers, setting out the terms and conditions of employment for those covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established