Di Mattia Transport Pty Ltd Summary

[2013] FWCA 505

FAIR WORK COMMISSION

DECISION

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

Di Mattia Transport Pty Ltd
(AG2012/13016)

DI MATTIA TRANSPORT PTY. LTD ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 22 JANUARY 2013

Application for approval of the Di Mattia Transport Pty. Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Di Mattia Transport Pty. Ltd Enterprise Agreement 2012 - 2016 (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.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the span of hours in the Agreement, an undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 29 January 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Di Mattia Transport Pty Ltd, sought approval of an enterprise agreement for the period 2012 to 2016. The respondents were the Transport Workers Union of Australia and several individual employees. The dispute centred on the validity and fairness of the proposed enterprise agreement, including its compliance with the relevant legislative provisions.

The central legal issues before the Commission were whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009, including the requirement for genuine agreement and compliance with the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement was made free from coercion or undue influence, and whether it provided for fair and reasonable terms and conditions.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and executed, including the participation of the parties and the steps taken to ensure that the agreement was genuinely made. The Commission also evaluated the substantive terms of the agreement against the legislative standards for fairness and reasonableness. After considering the evidence and submissions from both parties, the Commission concluded that the agreement was appropriately negotiated and did not contain any terms that were unfair or unreasonable. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Di Mattia Transport Pty Ltd Enterprise Agreement 2012-2016 be approved as a certified agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would apply to the employees and employers covered by the agreement.

Di Mattia Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established