Harbrew Pty Ltd T/A McAleese Transport Summary

[2013] FWCA 4416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbrew Pty Ltd T/A McAleese Transport
(AG2013/1362)

HARBREW PTY LTD TRADING AS MCALEESE TRANSPORT ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 4 JULY 2013

Application for approval of the Harbrew Pty Ltd trading as McAleese Transport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Harbrew Pty Ltd trading as McAleese Transport Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harbrew Pty Ltd T/A McAleese Transport. 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.

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

[4] On 27 June 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] In addition, the Applicant has sought to correct a typographical error in the Agreement. Pursuant to s.586 of the Act, the Agreement is corrected by changing the references in clause 1 as follows:

● Delete the numbers ‘2010’ and insert ‘2013’.

[1] The Agreement is approved and, in accordance with s.54, will operate from 11 July 2013. The nominal expiry date of the Agreement is 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Harbrew Pty Ltd, trading as McAleese Transport, applied for the approval of the Enterprise Agreement 2013 before the Fair Work Commission (FWC). The application involved the terms and conditions of employment for the company's employees, seeking to establish a new agreement to replace the existing one. The dispute centred around whether the proposed agreement met the necessary legal standards and provisions outlined in the Fair Work Act 2009.

The legal issues before the FWC encompassed several critical elements. The first was whether the agreement had been made genuinely without pressure or coercion, ensuring that employees had genuinely agreed to the terms. Another significant issue was whether the agreement complied with the "better off overall test" (BOOT) as required by the Fair Work Act. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the court had to consider if the agreement contained all the mandated minimum terms and conditions as prescribed by the Act.

In deliberating over these issues, the FWC examined the evidence provided by both parties, assessing the process by which the agreement was negotiated and the terms within it. The FWC concluded that the agreement was made without any undue influence and satisfied the BOOT. The terms of the agreement were found to be comprehensive and compliant with the statutory requirements. Consequently, the FWC approved the Enterprise Agreement 2013 for Harbrew Pty Ltd trading as McAleese Transport.

Harbrew Pty Ltd T/A McAleese Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established