DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BevChain Australia Pty Ltd
(AG2017/5480)

BEVCHAIN WESTERN AUSTRALIA (TRANSPORT & DISTRIBUTION CENTRES) AGREEMENT 2017

Road transport industry
COMMISSIONER LEE	MELBOURNE, 4 JANUARY 2018

Application for approval of the BevChain Western Australia (Transport & Distribution Centres) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BevChain Western Australia (Transport & Distribution Centres) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BevChain Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BevChain Australia Pty Ltd sought approval for the BevChain Western Australia (Transport & Distribution Centres) Agreement 2017 from the Fair Work Commission (FWC). The dispute involved the validity and application of the proposed agreement, which aimed to regulate employment terms and conditions for workers within Western Australian transport and distribution centres. The FWC was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues centred on the procedural fairness of the agreement, including whether the parties genuinely negotiated the agreement and whether it contained the necessary provisions to be considered a single, indivisible bargain. Furthermore, the FWG examined if the agreement complied with the Fair Work Act's requirements, including provisions for minimum wages and conditions. Another key issue was whether the agreement adhered to the good faith bargaining principles and if it provided adequate protections for employees.

The FWC found that the agreement was genuinely negotiated in good faith and satisfied the requirements of the Fair Work Act. The Commission concluded that the agreement was a single, indivisible bargain, as it covered all relevant terms and conditions of employment within the specified scope. The FWC also determined that the agreement met the necessary legislative standards, including provisions for minimum wages and conditions, and complied with the principles of good faith bargaining. As a result, the FWC approved the agreement, acknowledging its fairness and compliance with statutory requirements.

The FWC's final order was to approve the BevChain Western Australia (Transport & Distribution Centres) Agreement 2017, effective from the date of the decision. The approved agreement now serves as a binding framework for employment terms and conditions within the designated scope in Western Australia. This decision provides clarity and certainty for both employers and employees within the industry, ensuring that the agreement operates within the parameters set by the Fair Work Act.

BevChain Australia 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