Camerons Logistics Pty Ltd

[2022] FWCA 4290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Camerons Logistics Pty Ltd

(AG2022/4756)

Cameron Logistics Pty Ltd South Australia Enterprise Agreement 2022 – 2026

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 DECEMBER 2022

Application for approval of the Cameron Logistics Pty Ltd South Australia Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the Cameron Logistics Pty Ltd South Australia Enterprise Agreement 2022 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camerons Logistics Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Transport Worker’s Union, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2022. The nominal expiry date of the Agreement is 9 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Camerons Logistics Pty Ltd, an applicant, sought approval for the Cameron Logistics Pty Ltd South Australia Enterprise Agreement 2022-2026. The primary dispute involved the classification of employees and their entitlements under the proposed agreement. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and if it met the criteria for being a "better off overall" agreement.

The legal issues before the Commission involved the interpretation of the Fair Work Act and its associated regulations, particularly in relation to the classification of employees and the fairness of the proposed terms and conditions. The Commission had to assess whether the agreement provided employees with a fair and reasonable set of terms and conditions, and whether it met the statutory requirement of being "better off overall" for the employees.

The Commission examined the application thoroughly, considering the evidence presented by both parties. It found that the proposed agreement provided a fair and reasonable set of terms and conditions for the employees and met the "better off overall" test. The Commission was satisfied that the agreement was in the best interests of the employees and did not contain any unfair terms. Consequently, the Commission approved the Cameron Logistics Pty Ltd South Australia Enterprise Agreement 2022-2026.

The Fair Work Commission approved the Cameron Logistics Pty Ltd South Australia Enterprise Agreement 2022-2026, finding it to be fair and reasonable and in the best interests of the employees. The Commission determined that the agreement met the statutory requirement of being "better off overall" and did not contain any unfair terms. The approval of the agreement ensures that the employees will receive fair and equitable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established