Link Low Loaders Pty Ltd Summary

[2013] FWCA 4788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Link Low Loaders Pty Ltd
(AG2013/7112)

LINK LOW LOADERS PTY LTD TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 JULY 2013

Application for approval of the Link Low Loaders Pty Ltd Transport Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Link Low Loaders Pty Ltd Transport Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Link Low Loaders Pty Ltd contested the application for approval of the Transport Employees Enterprise Agreement 2013. The applicant, Link Low Loaders Pty Ltd, was a small business with a limited number of employees in the transport industry. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission needed to determine whether the agreement was in the interests of the employees, was free from improper influence or interference, and complied with procedural requirements.

The primary legal issue before the Commission was whether the enterprise agreement was procedurally sound and substantively fair. This involved examining if the agreement was made in good faith, without coercion, and whether it provided adequate protections for employees. The Commission also had to consider if the agreement included provisions that met the needs of both employers and employees and if it adhered to the mandatory provisions of the Fair Work Act.

The Commission concluded that the application met the requirements for approval. The agreement was found to be made in good faith, with no evidence of coercion or improper influence. The provisions of the agreement were deemed to be fair and reasonable, providing adequate protections for the employees. The Commission also found that the agreement complied with the mandatory provisions of the Fair Work Act and was in the interests of the employees.

The Fair Work Commission approved the application for the Transport Employees Enterprise Agreement 2013, recognising it as a valid agreement between the employer and employees. The Commission's decision affirmed the importance of fair and balanced enterprise agreements in the workplace, ensuring that both parties' interests are adequately represented and protected.

Link Low Loaders Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established