Carrington’s WA Pty Ltd T/A Carrington’s Traffic Services

[2014] FWCA 4966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carrington’s WA Pty Ltd T/A Carrington’s Traffic Services
(AG2014/1554)

THE CARRINGTON’S TRAFFIC SERVICES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JULY 2014

Application for approval of The Carrington’s Traffic Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Carrington’s Traffic Services Enterprise Agreement 2014 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Carrington’s WA Pty Ltd, trading as Carrington’s Traffic Services, and its employees, who are represented by the Transport Workers Union of Australia. The dispute centred on the approval of the Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of the process by which it was negotiated and the fairness of its terms. The Transport Workers Union contested the validity of the agreement, arguing that it did not fairly represent the employees’ interests.

The Commission examined the evidence presented regarding the negotiation process and the content of the agreement. The company argued that the agreement was the result of genuine negotiations and that it contained fair and reasonable terms for the employees. The Commission found that the negotiation process, while not perfect, did not contravene the requirements of the Act. Regarding the fairness of the terms, the Commission considered various factors, including the employees' living standards, the industry standards, and the comparative terms of other similar agreements. The Commission concluded that the agreement was fair and reasonable, as it provided for appropriate wage increases and did not adversely affect the employees’ conditions.

The Fair Work Commission approved the Enterprise Agreement 2014. The decision was based on the evidence that, while there were some procedural shortcomings, these did not invalidate the negotiation process. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the overall benefits to the employees. The final order was that the Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established