Black & White Cabs

[2014] FWCA 1707

FAIR WORK COMMISSION

DECISION

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

Black & White Cabs
(AG2014/3915)

BLACK & WHITE CABS UNION COLLECTIVE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 14 MARCH 2014

Application for approval of the Black & White Cabs Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Black & White Cabs Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Black & White Cabs Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided written undertakings in relation to the severance pay provisions provided at Section 4.7.6 of the Agreement and adherence from the Employer that the 2014 Model Consultation clause found at Schedule 2.3 of the Fair Work Regulations 2009 will apply to this Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted 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] The Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 21 March 2014. The nominal expiry date is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of the Black & White Cabs Union and the employer, the issue at hand was the approval of the Union’s Collective Agreement 2013. The dispute was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement contained appropriate provisions for employee entitlements, conditions, and dispute resolution mechanisms. The Commission had to consider if the agreement adhered to the principles of enterprise bargaining and if it provided for minimum rates of pay, leave entitlements, and other employment conditions that were no less favourable than those provided by the relevant awards. Additionally, the fairness and reasonableness of the agreement's terms were scrutinised to ensure they did not undermine the rights and protections of employees.

The Commission carefully examined the provisions of the Collective Agreement 2013, considering the evidence presented by both parties. It determined that the agreement met the legislative requirements and contained provisions that were fair and reasonable. The Commission found that the agreement provided for appropriate conditions of employment, including minimum wages and leave entitlements, and that it incorporated effective dispute resolution mechanisms. Consequently, the Commission approved the Collective Agreement 2013, acknowledging its compliance with the relevant legal standards.

The Fair Work Commission approved the Black & White Cabs Union Collective Agreement 2013, recognising it as meeting the necessary requirements under the Fair Work Act 2009. The decision was made based on the agreement's adherence to enterprise bargaining principles and the provision of fair and reasonable terms for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established