Bevchain Pty Ltd Summary

[2014] FWCA 7344

FAIR WORK COMMISSION

DECISION

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

Bevchain Pty Ltd
(AG2014/9208)

BEVCHAIN QUEENSLAND AND TRANSPORT WORKERS UNION ROAD TRANSPORT AND DISTRIBUTION CENTRES AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 24 OCTOBER 2014

Application for approval of the Bevchain Queensland 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 Queensland 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] The Transport Workers’ Union of Australia (TWU) has given notice under s.183 of the Act that it wants to be covered by the Agreement. In that notice the TWU raised several issues which were of concern to it. As a result of the exchange of written material and discussions between the parties and the provision of a written undertaking (the undertaking) from the Company concerning the interaction between the National Employment Standards and the Agreement, those concerns have been addressed.

[3] In accepting the undertaking referred to in the previous paragraph I have accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] In accordance with s.201(2) I note that the Agreement covers the TWU.

[6] The Agreement is approved and, in accordance with s.54, will operate from 31 October 2014. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Bevchain Pty Ltd applied for approval of the Bevchain Queensland and Transport Workers Union Road Transport and Distribution Centres Agreement 2014. The applicant and the union submitted that the agreement met the criteria for approval under the Fair Work Act 2009. The applicant and the union submitted that the agreement was appropriate for the purposes of the Act, and that the agreement provided for appropriate mechanisms for resolving disputes. The Fair Work Commission was required to consider whether the agreement met the criteria for approval under the Act. The Commission found that the agreement was appropriate for the purposes of the Act, and that the agreement provided for appropriate mechanisms for resolving disputes. The Commission approved the agreement. The Commission found that the agreement was appropriate for the purposes of the Act, and that the agreement provided for appropriate mechanisms for resolving disputes. The applicant and the union were directed to lodge the approved agreement with the Registrar of the Fair Work Commission.

Bevchain Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established