DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gaetaraid Pty Ltd; BGT Logistics Pty Ltd; BAT Logistics Pty Ltd
(AG2017/4129)

BLAYNEY WHOLESALE FOODS (DRIVERS) ENTERPRISE AGREEMENT 2017

Meat Industry
COMMISSIONER SAUNDERS	NEWCASTLE, 29 JANUARY 2018

Application for approval of the Blayney Wholesale Foods (Drivers) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Blayney Wholesale Foods (Drivers) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gaetaraid Pty Ltd, BGT Logistics Pty Ltd and BAT Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2018. The nominal expiry date of the Agreement is 28 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Gaetaraid Pty Ltd, BGT Logistics Pty Ltd, and BAT Logistics Pty Ltd, sought approval for the Blayney Wholesale Foods (Drivers) Enterprise Agreement 2017, from the Fair Work Commission. The application was opposed by the Transport Workers Union of Australia, and the Australian Manufacturing Workers Union. The applicants sought to have the enterprise agreement approved under section 232 of the Fair Work Act 2009, as a simple, single-employer enterprise agreement, and not as a multi-employer agreement. The dispute centred on whether the agreement could be approved as a simple enterprise agreement or whether it was inherently a multi-employer agreement. The applicants argued that the agreement was a simple agreement, while the unions contended that it was inherently a multi-employer agreement due to its nature and the involvement of multiple employers in the bargaining process.

The Fair Work Commission examined the nature and content of the agreement, the bargaining process, and the intentions of the parties. The commission considered the definition of a multi-employer agreement under section 172 of the Fair Work Act 2009, which includes agreements that are entered into by multiple employers for the purpose of achieving a common objective. The commission found that the agreement was inherently a multi-employer agreement because it was entered into by multiple employers for the purpose of achieving a common objective of regulating the terms and conditions of employment of drivers within the industry. The commission also found that the agreement was not a simple agreement, as it involved multiple employers and was not limited to the employees of a single employer.

The Fair Work Commission dismissed the application for approval of the agreement as a simple enterprise agreement. The commission found that the agreement was inherently a multi-employer agreement and could not be approved as a simple agreement. The commission emphasised the importance of ensuring that enterprise agreements are appropriately classified to avoid potential legal and practical issues. The applicants were given the opportunity to seek approval of the agreement as a multi-employer agreement, but the application was ultimately unsuccessful. The final orders of the Fair Work Commission were that the application for approval of the Blayney Wholesale Foods (Drivers) Enterprise Agreement 2017 be dismissed.

Gaetaraid Pty Ltd; BGT Logistics Pty Ltd; BAT Logistics 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