DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevchain Pty Ltd
(AG2014/10141)

BEVCHAIN NEW SOUTH WALES AND TRANSPORT WORKERS’ UNION ROAD TRANSPORT AND DISTRIBUTION CENTRES AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 DECEMBER 2014

Application for approval of the Bevchain New South Wales and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bevchain Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 10 December 2014 an undertaking was provided by Mr N Leon, the Company’s in-house lawyer, in relation to clause 55.5 (Redundancy Pay) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bevchain Pty Ltd applied for the approval of the Bevchain New South Wales and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2014. The application was brought pursuant to section 187 of the Fair Work Act 2009, which allows an employer and union to apply to the Fair Work Commission to approve an agreement between the parties. The application was opposed by the Liquor, Hospitality and Miscellaneous Workers' Union, an interested party.

The legal issue was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. This section provides that an agreement is not to be approved unless it is in the public interest and is otherwise appropriate. The Liquor, Hospitality and Miscellaneous Workers' Union opposed the application on the basis that the agreement was not in the public interest, as it contained terms that were less favourable than the existing award. The Commission considered the public interest to include the economic and social well-being of the community and found that the agreement did not unduly disadvantage the public interest. The Commission also found that the agreement was otherwise appropriate.

The Commission approved the agreement, finding that it met the requirements of section 231 of the Fair Work Act 2009. The Liquor, Hospitality and Miscellaneous Workers' Union's appeal to the Full Bench of the Fair Work Commission was dismissed.

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