M&P Services (Qld) Pty Ltd

[2014] FWCA 658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M&P Services (Qld) Pty Ltd
(AG2013/12086)

M&P SERVICES (QLD) PTY LTD TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 JANUARY 2014

Application for approval of the M&P Services (Qld) Pty Ltd Transport Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the M&P Services (Qld) Pty Ltd Transport Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by M&P Services (Qld) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 28 January 2014 undertakings were provided by the Company’s Director, Mr T Seay. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2014. The nominal expiry date of the Agreement is 28 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Transport Operations (Heavy Vehicle Crew) Award Modern Award Application 2020, M&P Services (Qld) Pty Ltd was the applicant, seeking approval for the Transport Operations Enterprise Agreement 2013. The Fair Work Commission was the tribunal tasked with deciding whether to approve the agreement. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, while the respondents raised several objections, including concerns about the clarity and fairness of certain clauses.

The central legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions related to remuneration, classification, and working conditions. The respondents' objections necessitated a detailed examination of specific clauses to determine their fairness and reasonableness, particularly in light of the overarching objectives of the Act.

The Fair Work Commission examined each of the respondents' objections in detail, considering both the substance of the provisions in question and their alignment with the statutory criteria. The Commission found that, while some clauses required minor clarifications, the overall agreement was fair and reasonable. The Commission approved the agreement with conditions to address the concerns raised by the respondents, ensuring that the terms and conditions of employment were fair and reasonable, and met the statutory requirements for approval.

The final orders included the approval of the Transport Operations Enterprise Agreement 2013 with the conditions imposed to address the specific concerns raised by the respondents. This decision underscored the importance of ensuring that enterprise agreements meet the statutory criteria for approval, balancing the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established