DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.B. Mawson & Sons Pty Ltd
(AG2015/3190)

E. B. MAWSON & SONS AND AWU AND TWU ENTERPRISE AGREEMENT 2015-2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 24 JULY 2015

Application for approval of the E.B. Mawson & Sons and AWU and TWU Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the E.B. Mawson & Sons and AWU and TWU Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by E.B. Mawson & Sons Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 23 July 2015 an undertaking was provided by Ms S Amohanga, Human Resources Manager of the Company, in relation to clause 17.2 (Redundancy) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Australian Workers’ Union and the Transport Workers’ Union of Australia have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 31 July 2015. The nominal expiry date is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved E.B. Mawson & Sons Pty Ltd, the Australian Workers Union (AWU) and the Transport Workers Union (TWU). The dispute was regarding the approval of an enterprise agreement between the company and the unions for the period 2015 to 2018. The application for approval was heard in the Fair Work Commission, which is the Australian federal workplace relations tribunal.

The central legal issues before the court were whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly focusing on whether it was a "better off overall test" (BOOT) compliant agreement. The BOOT requires that the agreement must ensure that employees are no worse off financially than under their existing conditions and must also provide some financial or non-financial benefit. The court also needed to consider whether the agreement complied with procedural fairness, including adequate consultation with the employees and unions.

The Fair Work Commission found that the agreement satisfied the BOOT, as it provided for fair and reasonable terms and conditions that were not worse off than the employees' previous conditions. The Commission was satisfied with the evidence that the agreement offered some financial benefits and improvements in working conditions. The Commission also determined that the consultation process was adequate and that all parties had been given a fair opportunity to present their views. Consequently, the Commission approved the enterprise agreement.

In light of the above findings, the Fair Work Commission approved the E.B. Mawson & Sons and AWU and TWU Enterprise Agreement 2015-2018. This decision confirmed that the agreement met the legislative requirements and was in the best interest of the employees involved.

E.B. Mawson & Sons Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established