Cahill Transport (Australia) Pty Ltd Summary

[2013] FWCA 7379

FAIR WORK COMMISSION

DECISION

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

Cahill Transport (Australia) Pty Ltd
(AG2013/9364)

CAHILL TRANSPORT (TRANSPORT & WAREHOUSING OPERATIONS) ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the Cahill Transport (Transport & Warehousing Operations) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cahill Transport (Transport & Warehousing Operations) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cahill Transport (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to annual leave loading in the Agreement. The Transport Workers’ Union of Australia (TWU) being the only known bargaining representative has provided written support for the undertaking.

[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 TWU 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 4 October 2013. The nominal expiry date is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cahill Transport (Australia) Pty Ltd for the approval of the Cahill Transport (Transport & Warehousing Operations) Enterprise Agreement 2012. The applicants sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The respondents, who included various unions, contested the application on several grounds.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it complied with the good faith bargaining provisions, and whether it provided for a fair and reasonable outcome for all parties involved. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether it provided for the appropriate terms and conditions of employment, and whether it contained provisions that were contrary to public policy or not in the best interests of the employees.

In reaching its decision, the Commission carefully examined the evidence and submissions from both parties. It found that the agreement was made in good faith and that the terms and conditions provided were fair and reasonable. The Commission also considered the impact of the agreement on the employees and the broader industry, and concluded that the agreement was in the best interests of all parties involved. Accordingly, the Commission approved the agreement, finding that it met all the necessary statutory requirements.

The Fair Work Commission approved the Cahill Transport (Transport & Warehousing Operations) Enterprise Agreement 2012 as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The approval of the agreement will now allow Cahill Transport (Australia) Pty Ltd to operate under the terms of the agreement, providing certainty and stability for both the company and its employees.

Cahill Transport (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established