Cleary Bros (Bombo) Pty Ltd

[2013] FWCA 9541

FAIR WORK COMMISSION

DECISION

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

Cleary Bros (Bombo) Pty Ltd
(AG2013/11423)

CLEARY BROS (BOMBO) PTY LTD TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 6 DECEMBER 2013

Application for approval of the Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2013.

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

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

[3] The Transport Workers’ Union of Australia (TWU) 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 December 2013. The nominal expiry date is three years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cleary Bros (Bombo) Pty Ltd sought approval of a proposed Transport Employees Enterprise Agreement 2013. The dispute arose from negotiations between the company and the transport employees represented by the Transport Workers Union of Australia. The company argued that the proposed agreement was necessary to ensure business efficiency and sustainability, while the union contended that it would disadvantage employees by reducing their entitlements and job security.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement facilitated the achievement of a productive workplace relationship, provided appropriate mechanisms for resolving disputes, and did not unfairly disadvantage any party. The Commission also needed to assess if the agreement was made in good faith and covered the necessary employees.

After reviewing the submissions from both parties, the Commission concluded that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement facilitated a productive workplace relationship and included adequate mechanisms for resolving disputes. It was determined that the agreement did not unfairly disadvantage employees and was made in good faith. The proposed agreement was approved, and it came into effect on the date of the decision.

The Commission made an order approving the Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2013. The agreement was to apply to the employees covered by the agreement from the date of the decision. The decision was made under the authority of the Fair Work Act 2009, and both parties were bound by the terms of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established