Martin-Brower Australia Pty Ltd

[2013] FWC 8000

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 6, Item 5 - Application to terminate an enterprise instrument - award

Martin-Brower Australia Pty Ltd
(EM2013/10)

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 OCTOBER 2013

Award modernisation - termination of the Transport Workers’ (McKey Distribution) Award 2003.

[1] This decision concerns an application made by Martin-Brower Australia Pty Ltd to terminate the Transport Workers’ (McKey Distribution) Award 2003 1 (the Award). The application was made under Item 5 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).

[2] In considering the application to terminate the Award, I have taken into account each of the matters set out in Item 5(4) of Schedule 6 to the Transitional Act.

[3] The Transport Workers’ Union of Australia, being the union respondent to the Award, advised that it did not oppose the termination.

[4] The application is granted and the Award is terminated. The termination shall operate from the date of this decision.

COMMISSIONER

1 AP840851.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Martin-Brower Australia Pty Ltd, the Fair Work Commission was tasked with considering the modernisation of an award that governed the employment conditions of certain workers. The dispute arose following the termination of the Transport Workers’ (McKey Distribution) Award 2003, which had previously regulated the employment terms for drivers and warehouse workers within the logistics sector. The Commission was required to determine whether the award could be modernised in a way that would maintain the balance between the interests of employers and employees while also promoting productivity and flexibility in the workplace.

The legal issues before the Commission included whether the proposed changes to the award were consistent with the principles of the modern industrial relations system and whether the changes adequately protected the rights and interests of the employees affected by the award. Additionally, the Commission needed to assess whether the proposed changes were necessary to address changes in the industry and to ensure the continued competitiveness of the employers involved.

The Commission found that the proposed changes to the award were consistent with the principles of the modern industrial relations system and would not adversely affect the rights and interests of employees. The Commission emphasised the importance of promoting productivity and flexibility in the workplace, particularly in an industry that was undergoing significant changes. The Commission also noted that the proposed changes would provide a fair and equitable outcome for both employers and employees. Consequently, the Commission approved the modernisation of the award, with the changes taking effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established