Fitzgerald PD Pty Ltd

[2013] FWCA 319

FAIR WORK COMMISSION

DECISION

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

Fitzgerald PD Pty Ltd
(AG2013/4231)

FITZGERALD PD LAVERTON DIVISION ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 16 JANUARY 2013

Application for approval of the Fitzgerald PD Laverton Division Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Fitzgerald PD Laverton Division Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fitzgerald PD Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[1] The Agreement was approved in Chambers on 16 January 2013 and, in accordance with s.54 of the Act, will operate from 23 January 2013. The nominal expiry date of the Agreement is 15 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Fitzgerald PD Pty Ltd, the employer, and its employees, represented by a union, in relation to an enterprise agreement. The matter was heard in the Fair Work Commission, which has jurisdiction to approve, reject or make modifications to enterprise agreements under the Fair Work Act 2009. The union and the employer had reached an agreement, but the union sought approval of the agreement by the Commission, as required by the legislation.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including provisions relating to minimum entitlements and procedural fairness. The employer argued that the agreement was fair and reasonable, while the union contended that certain provisions did not adequately protect employee entitlements. The Commission had to consider whether the agreement provided for the minimum entitlements prescribed by the Act and whether the agreement had been negotiated in good faith.

The Commission found that the agreement provided for the minimum entitlements as required by the Act. The union had not provided sufficient evidence to demonstrate that the agreement failed to adequately protect employee entitlements. The Commission also found that the agreement had been negotiated in good faith and that the parties had taken all reasonably practicable steps to reach an agreement. The Commission approved the Fitzgerald PD Laverton Division Enterprise Agreement 2012, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Fitzgerald PD Laverton Division Enterprise Agreement 2012, subject to certain modifications. The modifications related to the calculation of overtime rates and the process for resolving disputes. The employer and the union were directed to implement the modified agreement within 28 days of the Commission's decision. The Commission's decision was final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established