Martin Brower Australia Pty Ltd Summary

[2014] FWCA 3022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Brower Australia Pty Ltd
(AG2014/5133)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA - NEW SOUTH WALES ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 7 MAY 2014

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - New South Wales 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 - New South Wales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Martin Brower Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 17 April 2014 undertakings were provided by Mr I Lilley, the Company’s Head of Human Resources ANZ, in relation to clause 41 (Shift Work) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2014. The nominal expiry date of the Agreement is 1 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Martin Brower Australia Pty Ltd, sought approval of a new enterprise agreement with the Transport Workers Union of Australia - New South Wales. The matter was heard by the Fair Work Commission. The crux of the dispute was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the applicant argued that the agreement was in the best interests of the employees, given the significant changes in the industry landscape and the need for flexibility in employment terms.

The Commission had to determine if the agreement appropriately balanced the interests of the employees and the employer, and whether it met the statutory requirements for enterprise agreements. This included assessing the agreement's provisions on remuneration, working conditions, and dispute resolution mechanisms. The Commission also needed to consider submissions from both parties and any relevant industry standards or benchmarks.

The Fair Work Commission found that the agreement was fair and reasonable, taking into account the evidence presented by both parties. The Commission noted that the proposed changes aligned with industry trends and provided adequate protections for employees. The agreement included provisions that addressed the needs of both employers and employees, ensuring that it was in the best interests of the workforce. The Commission concluded that the agreement complied with the statutory requirements and approved the enterprise agreement.

The Commission issued a certificate of registration for the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - New South Wales Enterprise Agreement 2014, effective from the date of the decision. This approval signifies that the agreement can be registered and enforced under the Fair Work Act 2009.

Martin Brower Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established