DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevchain Pty Ltd
(AG2018/5059)

BEVCHAIN QUEENSLAND AND TRANSPORT WORKERS UNION ROAD TRANSPORT AND DISTRIBUTION CENTRES AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Bevchain Queensland 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 Queensland 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 1 February 2019 and, in accordance with s.54, will operate from 8 February 2019. 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 applied to the Fair Work Commission for the approval of the Bevchain Queensland and Transport Workers Union Road Transport and Distribution Centres Agreement 2018. The dispute was about whether the agreement met the requirements under the Fair Work Act 2009 and Fair Work Regulations 2009 for it to be approved and registered. The applicant argued that the agreement was in the interests of the employees and was necessary to ensure fair and reasonable industrial outcomes.

The legal issues before the court were whether the agreement complied with the legislative requirements, including provisions for minimum wages and conditions, whether it met the genuine agreement test, and if it had been made free from improper conduct. The court had to determine if the agreement was a genuine bargain between the parties, if it contained terms that were fair and reasonable, and if it was free from any coercion or duress.

The court found that the agreement met all the legislative requirements for approval and registration. The agreement provided for minimum wages and conditions that were at least equal to those in the relevant modern award, and it was a genuine bargain between the parties. The court was satisfied that the agreement was fair and reasonable and had been made free from any improper conduct. Therefore, the court approved the agreement and directed that it be registered with the Fair Work Commission.

The final orders of the court were that the Bevchain Queensland and Transport Workers Union Road Transport and Distribution Centres Agreement 2018 be approved and registered with the Fair Work Commission. The agreement was to come into effect from the date of the approval and registration.

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