DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevchain Australia Pty Ltd
(AG2014/10764)

BEVCHAIN WESTERN AUSTRALIA (TRANSPORT & DISTRIBUTION CENTRES) AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 DECEMBER 2014

Application for approval of the BevChain Western Australia (Transport & Distribution Centres) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BevChain Western Australia (Transport & Distribution Centres) Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bevchain Australia Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bevchain Australia Pty Ltd, the Fair Work Commission (FWC) considered an application for the approval of the BevChain Western Australia (Transport & Distribution Centres) Agreement 2014. The dispute involved the submission of an enterprise agreement by the employer, Bevchain Australia Pty Ltd, to the FWC for its approval. The agreement aimed to regulate the terms and conditions of employment for certain employees within the transport and distribution centres in Western Australia. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, specifically sections 230 and 231. These sections mandate that the agreement be in writing, cover specific matters as outlined in the Act, and ensure that the agreement has been made in good faith and without coercion. Furthermore, the FWC needed to ascertain whether the agreement met the ‘better off overall test’ (BOOT) as required by section 186 of the Act. This test ensures that the agreement provides employees with a benefit on a relevant comparison day that is no less than they would have received under the applicable award or registered agreement.

After reviewing the submissions and evidence from both parties, the FWC found that the proposed enterprise agreement met all the necessary requirements for approval. The Commission concluded that the agreement was made in good faith and without coercion and covered the requisite matters as stipulated in the Act. Additionally, the FWC determined that the agreement satisfied the BOOT, providing employees with a benefit that was at least as good as what they would have received under the relevant award. Consequently, the FWC approved the BevChain Western Australia (Transport & Distribution Centres) Agreement 2014.

The FWC's decision resulted in the approval of the enterprise agreement, which now governs the terms and conditions of employment for the relevant employees within the specified regions. The Commission's approval signifies that the agreement is legally binding and enforceable, ensuring that the employees' rights and obligations are adequately regulated under the new terms.

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