DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Lodge Water Cartage Pty Ltd
(AG2017/747)

JOHN LODGE WATER CARTAGE PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 APRIL 2017

Application for approval of the John Lodge Water Cartage Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the John Lodge Water Cartage Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Lodge Water Cartage Pty Ltd. 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 Agreement was approved on 10 April 2017 and, in accordance with s.54, will operate from 17 April 2017. Notwithstanding clause 3.1.2 of the Agreement, the nominal expiry date of the Agreement is 10 April 2021.

COMMISSIONER

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CaseChat Overview and Summary

John Lodge Water Cartage Pty Ltd is the applicant in this case, seeking approval of the Enterprise Agreement 2016 - 2020. The agreement covers the terms and conditions of employment for its employees, and the matter was heard in the Fair Work Commission. The dispute revolves around whether the agreement is appropriate and fair for the employees under the Fair Work Act 2009.

The central legal issues that the court needed to address were whether the agreement complied with the provisions of the Fair Work Act and whether it was made in good faith. The applicant argued that the agreement was fair and appropriate, while the respondent contended that certain clauses were not in the best interest of the employees. The court needed to determine whether the agreement met the requirements of the Act, particularly focusing on the provisions related to pay rates, working conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was generally fair and appropriate for the employees. The court emphasised the importance of the agreement being made in good faith and ensuring that it did not adversely affect the employees' terms and conditions of employment. The court concluded that the agreement complied with the Act and approved it. The court acknowledged the efforts of both parties in reaching an agreement that balanced the interests of the employer and the employees.

The final orders of the court were to approve the Enterprise Agreement 2016 - 2020 between John Lodge Water Cartage Pty Ltd and its employees. The agreement is now legally binding on both parties and will govern the terms and conditions of employment for the specified period. The court's decision highlights the importance of reaching fair and reasonable agreements that comply with the requirements of the Fair Work Act.

John Lodge Water Cartage 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