DECISION

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

Curley Cattle TPT Pty Ltd T/A Curley Cattle TPT
(AG2015/7737)

CURLEY CATTLE TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 18 JANUARY 2016

Application for approval of the Curley Cattle Transport Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Curley Cattle Transport Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Curley Cattle TPT Pty Ltd T/A Curley Cattle TPT. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided in relation to the dispute settlement procedure, annual leave entitlements, and the National Employment Standards relating to flexible working arrangements, community service leave, and public holidays.The undertakings have been provided by the employer and are signed by the employee bargaining representative and are attached to the Agreement. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 25 January 2016. The nominal expiry date of the Agreement is 18 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

Curley Cattle TPT Pty Ltd, trading as Curley Cattle TPT, applied to the Fair Work Commission for approval of the Curley Cattle Transport Pty Ltd Enterprise Agreement 2015. The respondents to the application included the Australian Meatworkers Union, Rural Workers Union and various employees. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly the need to ensure that the agreement provided for fair and reasonable terms and conditions of employment.

The central legal issues before the Commission were whether the agreement contained all the mandated minimum terms, if it was made in good faith and if it complied with the procedural fairness requirements. The Commission had to consider if the agreement adequately covered all the minimum terms prescribed by the Fair Work Act, whether the process of making the agreement was conducted in good faith and whether the agreement was procedurally fair. Additionally, the Commission needed to determine if any provisions in the agreement contravened any of the prescribed minimum terms.

The Fair Work Commission found that the agreement did indeed contain all the mandated minimum terms and that it was made in good faith. The process of making the agreement was deemed to be procedurally fair, and the Commission was satisfied that there was no contravention of the prescribed minimum terms. The Commission approved the agreement, highlighting that it was a fair and reasonable document that adequately met the requirements of the Fair Work Act. The decision was made on the basis that the agreement was comprehensive, fair and complied with the necessary statutory and procedural standards.

The final orders of the Fair Work Commission were that the Curley Cattle Transport Pty Ltd Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to commence on 1 July 2015 and would remain in force until 30 June 2019, subject to any termination provisions contained within the agreement itself. This decision provided certainty to both the employer and the employees, ensuring that the terms of employment were legally compliant and fair.

Curley Cattle TPT Pty Ltd T/A Curley Cattle TPT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established