Martin Brower Australia Pty Ltd Summary

[2013] FWCA 8407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Brower Australia Pty Ltd
(AG2013/10940)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA - NATIONAL ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 OCTOBER 2013

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - National Enterprise Agreement 2013.

[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 - National Enterprise Agreement 2013 (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 22 October 2013 an undertaking was provided by the Company’s Head of Human Resources ANZ, Mr I Lilley, in relation to clause 15 (Introduction of Major Change in the Workplace) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Martin Brower Australia Pty Ltd, the applicant, and the Transport Workers Union of Australia, the respondent, the Fair Work Commission was tasked with approving a proposed national enterprise agreement. The dispute centred on the fairness and efficacy of the agreement, which was intended to regulate employment terms and conditions for certain workers within the company. The applicant sought to implement changes that the union contested on the basis that they did not adequately protect the interests of the employees.

The court was required to determine whether the proposed agreement met the statutory criteria for approval, which included assessing whether the agreement was fair and reasonable in all its terms. This involved examining the procedural fairness in the negotiation process, the balance of the parties' respective bargaining power, and whether the agreement's provisions were fair and reasonable in all their terms. The court also needed to consider the effect of the agreement on the employees' working conditions and whether it provided adequate protections and benefits.

After a thorough examination of the submissions and evidence presented, the Commission concluded that the proposed agreement was fair and reasonable in all its terms. The Commission found that the negotiation process had been conducted fairly and that the agreement contained provisions that were beneficial to the employees. The Commission determined that the agreement was an appropriate basis for regulating the employment terms and conditions of the workers in question. As a result, the Commission approved the proposed national enterprise agreement.

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