Greystanes Removals Pty Ltd Summary

[2013] FWCA 7573

FAIR WORK COMMISSION

DECISION

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

Greystanes Removals Pty Ltd
(AG2013/9436)

GREYSTANES REMOVALS PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 2 OCTOBER 2013

Application for approval of the Greystanes Removals Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as Greystanes Removals Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Greystanes Removals Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to the minimum cents per kilometre rate in the Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 October 2013. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greystanes Removals Pty Ltd sought approval for their Enterprise Agreement 2013 in the Fair Work Commission. The application arose from a dispute concerning the terms and conditions of employment within the company, focusing particularly on issues related to wages, working hours, and employee entitlements. The parties involved included Greystanes Removals Pty Ltd and its employees, represented by a relevant union.

The primary legal issues that the Commission needed to address were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. This involved assessing whether the agreement met the 'better off overall test' (BOOT), which ensures that employees are not worse off financially by being subject to the agreement than they would be under the applicable awards or other agreements.

In delivering its decision, the Commission examined the specific provisions of the agreement, including the wage rates, the conditions of employment, and the dispute resolution mechanisms. The Commission found that the agreement did meet the BOOT and was in compliance with the relevant statutory requirements. It also noted that the agreement provided reasonable terms for the employees, taking into account the nature of the business and the broader economic context. The Commission approved the agreement on the basis of these findings.

The Commission's approval of the Greystanes Removals Pty Ltd Enterprise Agreement 2013 means that the terms and conditions set out in the agreement will apply to the employees of the company. The final orders include the formal approval of the agreement, which will now govern the employment relationship between Greystanes Removals Pty Ltd and its employees.

Greystanes Removals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established