Bottrill, Leslie Craig T/A Tri-Transfers

[2014] FWCA 3216

FAIR WORK COMMISSION

DECISION

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

Bottrill, Leslie Craig T/A Tri-Transfers
(AG2014/5916)

TRI- TRANSFERS ENTERPRISE AGREEMENT

Funeral directing
COMMISSIONER BULL	SYDNEY, 15 MAY 2014

Application for approval of the Tri- Transfers Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tri- Transfers Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 22 May 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) was an application for the approval of the Tri-Transfers Enterprise Agreement. This was an application by the Transport Workers Union of Australia (TWU) under section 235 of the Fair Work Act 2009. The TWU sought approval of the agreement which had been negotiated with Tri-Transfers, a company engaged in the taxi industry, represented by Leslie Craig Bottrill. The dispute arose from the negotiation and content of the proposed enterprise agreement, which the union sought to have recognised as a registered agreement under the Act.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for registration as a single interest employer agreement under the Fair Work Act. The FWC had to determine if the agreement contained all the necessary minimum terms and conditions, and if it was otherwise compliant with the provisions of the Act. Specifically, the FWC needed to consider whether the agreement adequately addressed the terms and conditions of employment for the employees covered by the agreement and whether it complied with the procedural requirements for approval.

In its decision, the FWC thoroughly examined the provisions of the proposed agreement and found that it contained all the required minimum terms and conditions. The FWC also noted that the agreement had been negotiated in good faith and that there was no evidence of any procedural irregularities in the negotiation process. The FWC concluded that the agreement was fair and reasonable, and therefore, it approved the application for registration. The FWC determined that the Tri-Transfers Enterprise Agreement would be a registered agreement, effective from the date of approval.

The FWC's decision was final and binding, and the Tri-Transfers Enterprise Agreement was registered under the Fair Work Act. The agreement would now govern the terms and conditions of employment for the employees covered by it, subject to the provisions of the Act and any other relevant industrial instruments. The union's application was thus successful, and the agreement would now be in effect for the specified period until such time as it is terminated, varied, or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established