Kelly's and Young Trucking Company Pty Ltd

[2013] FWCA 6866

FAIR WORK COMMISSION

DECISION

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

Kelly's and Young Trucking Company Pty Ltd
(AG2013/2626)

PICKERING TRANSPORT GROUP BURONGA (YARD & LOCAL DRIVERS) ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the Pickering Transport Group Buronga (Yard & Local Drivers) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pickering Transport Group Buronga (Yard & Local Drivers) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kelly’s and Young Trucking Company Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 29 August 2013.

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

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 September 2013. The nominal expiry date is three (3) years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Kelly's and Young Trucking Company Pty Ltd, sought approval of the Pickering Transport Group Buronga (Yard & Local Drivers) Enterprise Agreement 2013 from the Fair Work Commission. The agreement was intended to govern the employment conditions of drivers in the Buronga region who were part of the applicants' operations. The dispute arose due to disagreements over the terms and conditions proposed in the enterprise agreement.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for approval, including whether it provided for the minimum terms and conditions of employment, and whether it was made in good faith and without coercion. The applicants argued that the agreement was fair and reasonable, while the respondents contended that certain provisions did not adequately protect employee rights.

The Fair Work Commission examined the agreement's provisions and considered the evidence presented by both parties. The court found that the agreement contained terms that met the statutory requirements, including minimum wage rates, leave entitlements, and working conditions. The court concluded that the agreement was made in good faith and without coercion. Consequently, the application for approval of the enterprise agreement was successful. The court ordered that the Pickering Transport Group Buronga (Yard & Local Drivers) Enterprise Agreement 2013 be approved as a registered agreement under 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