Hernes Linehaul Pty Ltd

[2014] FWCA 1653

FAIR WORK COMMISSION

DECISION

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

Hernes Linehaul Pty Ltd
(AG2014/3885)

HERNES LINEHAUL ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 12 MARCH 2014

Application for approval of the Hernes Linehaul Enterprise Agreement 2014.

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

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 4 March 2014.

[3] The Agreement does contain a consultation term however, it is not a consultation term that fully complies with s205 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 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 19 March 2014. The nominal expiry date is four years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

Hernes Linehaul Pty Ltd recently sought approval of the Hernes Linehaul Enterprise Agreement 2014 from the Fair Work Commission. The application arose as a result of negotiations between Hernes Linehaul and its employees, represented by a union, regarding the terms and conditions of employment. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the court had to address included whether the agreement complied with the formal requirements under the Fair Work Act and whether it met the criteria for a 'single-enterprise agreement'. The court also needed to consider if the agreement adequately protected the rights and interests of the employees and if it provided for fair and reasonable terms and conditions of employment.

In delivering its decision, the Fair Work Commission examined the procedural fairness of the agreement, including the extent of union involvement and the consultation process. The court assessed the substantive fairness of the agreement, focusing on provisions related to wages, working conditions, and dispute resolution. The Commission concluded that the agreement complied with the necessary legal requirements and was fair and reasonable, thereby granting approval for the Hernes Linehaul Enterprise Agreement 2014 to proceed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established