Bowmans Intermodal Pty Ltd

[2013] FWCA 6205

FAIR WORK COMMISSION

DECISION

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

Bowmans Intermodal Pty Ltd
(AG2013/8709)

BOWMANS INTERMODAL TRAIN CREW ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 29 AUGUST 2013

Application for approval of the Bowmans Intermodal Train Crew Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bowmans Intermodal Train Crew Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bowmans Intermodal Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 26 August 2013.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 September 2013. The nominal expiry date is two (2) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bowmans Intermodal Pty Ltd sought approval of their enterprise agreement, which was contested by the Rail, Tram and Bus Union. The matter was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement met the statutory requirements for approval. The central legal issues revolved around the process for approval of the agreement and the procedural fairness in how the decision was made.

The Fair Work Commission examined whether the agreement was genuinely a bargain between the employer and the employees, and whether the Commission had the requisite information to make an informed decision. The Commission determined that the process for approval was properly conducted and that there was no procedural unfairness. The evidence presented demonstrated that the agreement was a genuine bargain, and the Commission found that all procedural requirements had been met. Accordingly, the application for approval of the enterprise agreement was upheld.

The Fair Work Commission concluded that the Bowmans Intermodal Train Crew Enterprise Agreement 2013 was properly made and met all the statutory requirements for approval. The Commission found no procedural unfairness in the decision-making process and upheld the application for approval. The agreement was therefore approved as valid and legally binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established