Martin Brower Australia Pty Ltd

[2014] FWCA 5106

FAIR WORK COMMISSION

DECISION

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

Martin Brower Australia Pty Ltd
(AG2014/6629)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA - DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 29 JULY 2014

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia-Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia-Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Martin Brower Australia Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Transport Workers Union of Australia - New South Wales Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 21 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Martin Brower Australia Pty Ltd applied for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia-Drivers Enterprise Agreement 2014. The application was heard by the Fair Work Commission, which was required to consider whether the agreement complied with the Fair Work Act 2009. The Transport Workers Union of Australia opposed the application, arguing that the agreement failed to meet certain legal standards, including those relating to procedural fairness and the protection of employee rights.

The Fair Work Commission examined the terms of the agreement, the process by which it was negotiated, and the extent to which it complied with relevant legislative requirements. The Commission considered whether the agreement provided for procedural fairness and the protection of employee rights, and whether it was made in good faith. The Commission also examined whether the agreement met the criteria for being a "single interest" agreement and whether it provided for the fair and reasonable terms of employment.

The Commission found that the agreement was procedurally fair and met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for the protection of employee rights and that it was made in good faith. The Commission also found that the agreement met the criteria for being a "single interest" agreement and provided for the fair and reasonable terms of employment. Accordingly, the Commission approved the agreement.

The final orders of the Fair Work Commission were that the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia-Drivers Enterprise Agreement 2014 be approved, effective from 1 July 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established