DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevchain Pty Ltd
(AG2018/2188)

BEVCHAIN NEW SOUTH WALES AND TRANSPORT WORKERS’ UNION ROAD TRANSPORT AND DISTRIBUTION CENTRES AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the Bevchain New South Wales and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bevchain New South Wales and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bevchain Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bevchain Pty Ltd is a party in an application before the Fair Work Commission, seeking approval of the Bevchain New South Wales and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2018. This agreement was proposed to cover employees within the beverage distribution industry in New South Wales. The dispute primarily revolves around the procedural fairness and compliance of the agreement with relevant labour laws. The Transport Workers’ Union and Bevchain Pty Ltd have argued that the agreement was developed through fair and transparent negotiations and adequately represents the interests of the employees. Conversely, objections have been raised by other parties, questioning the inclusivity and fairness of the bargaining process, as well as the substantive terms of the agreement.

The legal issues before the court encompassed whether the negotiation process was conducted fairly and in good faith, and whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. The court needed to assess the fairness of the agreement's development, including the representation of employees and the transparency of the bargaining process. Additionally, the court had to determine if the terms of the agreement met the necessary standards for approval under labour legislation, ensuring they were not overly harsh, oppressive, or discriminatory.

In its reasoning, the Fair Work Commission concluded that the negotiation process was largely fair and transparent, with adequate representation of the employees' interests. The commission found that while there were some procedural shortcomings, these did not significantly undermine the overall fairness of the agreement. Regarding the substantive terms, the commission determined that the agreement did not contain any oppressive or discriminatory provisions, and the terms were reasonable and balanced. The commission approved the agreement, highlighting the importance of fair representation and the necessity for adherence to labour laws in the development of such agreements.

The final orders included the approval of the Bevchain New South Wales and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2018, subject to the conditions that any future amendments must continue to meet the standards of procedural fairness and substantive reasonableness. The commission also mandated ongoing monitoring to ensure compliance with labour laws and the continued fair representation of employees.

Bevchain 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