DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Cameron Nominees Pty Ltd
(AG2014/11032)

GLEN CAMERON SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2014 TO 2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 15 JANUARY 2015

Application for approval of the Glen Cameron South Australian Enterprise Agreement 2014 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Glen Cameron South Australian Enterprise Agreement 2014 to 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Glen Cameron Nominees Pty Ltd. The agreement is a single-enterprise agreement.

[2] On 14 January 2015 an undertaking was provided by Mr G Rohan, Group Human Resource and Industrial Relations Manager of the Company, in relation to clause 23 (Cashing out of Annual Leave) 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] The Agreement contains a consultation term at clause 9. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 1 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Glen Cameron Nominees Pty Ltd sought approval for the Glen Cameron South Australian Enterprise Agreement 2014 to 2017. The applicant sought to have the agreement approved under the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether the agreement was in the best interests of the employees and whether it contained appropriate dispute resolution mechanisms. The Commission also had to consider whether the agreement was made in good faith and whether it contained appropriate provisions for the protection of employees.

The Commission found that the agreement met the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement was in the best interests of the employees and contained appropriate dispute resolution mechanisms. The Commission also found that the agreement was made in good faith and contained appropriate provisions for the protection of employees. The Commission approved the agreement.

The Fair Work Commission approved the Glen Cameron South Australian Enterprise Agreement 2014 to 2017. The agreement was found to meet the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement was also found to contain appropriate dispute resolution mechanisms and provisions for the protection of employees. The agreement was approved and will now be in effect for the specified period.

Glen Cameron Nominees 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