DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lindsay Brothers Management Pty Ltd T/A Lindsay Transport
(AG2015/5737)

LINDSAY TRANSPORT ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	PERTH, 21 OCTOBER 2015

Application for approval of the Lindsay Transport Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lindsay Transport Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lindsay Brothers Management Pty Ltd. 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] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Lindsay Brothers Management Pty Ltd T/A Lindsay Transport, the Fair Work Commission (FWC) was asked to approve an enterprise agreement. The applicant, Lindsay Brothers Management Pty Ltd, sought the approval of the Lindsay Transport Enterprise Agreement 2015. The dispute centred around the terms and conditions of employment for the workers represented by the applicant, specifically regarding pay rates, conditions of employment, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the legal criteria for approval as stipulated in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the mandatory provisions of the Fair Work Act and whether it contained all the required terms as outlined in the Act. In particular, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith. Additionally, the Commission needed to determine if the agreement had been fairly negotiated and if it complied with the provisions regarding the protection of employees' rights.

The Commission found that the agreement had been made in good faith and that it contained all the required terms. The evidence demonstrated that the agreement was the product of genuine negotiations between the parties and that it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement complied with the mandatory provisions of the Fair Work Act, and it approved the Lindsay Transport Enterprise Agreement 2015. The Commission emphasised the importance of good faith bargaining and fair negotiation in the enterprise agreement process.

The Fair Work Commission approved the Lindsay Transport Enterprise Agreement 2015, finding it to be a fair and reasonable agreement that met all the legal criteria for approval. The Commission highlighted the significance of good faith bargaining and genuine negotiation in the enterprise agreement process. The decision underscores the importance of ensuring that agreements are made in accordance with the provisions of the Fair Work Act and that they protect the rights of employees.

Lindsay Brothers Management Pty Ltd T/A Lindsay Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established