Holdco Holdings T/A Southern Shorthaul

[2013] FWCA 2991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holdco Holdings T/A Southern Shorthaul
(AG2013/1040)

HOLDCO HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 MAY 2013

Application for approval of the Holdco Holdings Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Holdco Holdings Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Holdco Holdings T/A Southern Shorthaul. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to clause 26.2(a) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 17 May 2013. The nominal expiry date of the Agreement is 16 May 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Holdco Holdings, trading as Southern Shorthaul, applied to the Fair Work Commission for approval of their Enterprise Agreement 2012. The application came before the Commission as the proposed agreement had been opposed by the Transport Workers Union of Australia. The dispute centred around various terms and conditions of employment within the agreement, particularly those relating to hours of work, penalty rates, and shift patterns.

The primary legal issues before the Commission were whether the terms of the proposed Enterprise Agreement complied with the provisions of the Fair Work Act 2009, and if they provided adequate protections and entitlements to the employees as required by the law. The Commission had to assess whether the agreement met the statutory minimum standards and if it was in the best interests of the employees.

The Commission found that the proposed agreement largely met the requirements of the Fair Work Act and provided fair terms and conditions for the employees. The Commission noted that the agreement included provisions for reasonable hours of work, adequate rest breaks, and appropriate penalty rates. While there were some areas of contention, the Commission concluded that the benefits of the agreement, particularly in terms of improved working conditions and potential for increased employment opportunities, outweighed the minor deficiencies. Consequently, the application for approval was granted, and the Enterprise Agreement 2012 was approved.

The Fair Work Commission approved the Holdco Holdings Pty Ltd Enterprise Agreement 2012, subject to the terms and conditions as set out in the decision. The Commission's approval ensures that the agreement will provide a fair and effective framework for the employment relationship between Holdco Holdings and its employees, while also complying with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established