Mini Movers Pty Ltd T/A Mini Movers

[2024] FWCA 547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mini Movers Pty Ltd T/A Mini Movers

(AG2023/5511)

MINIMOVERS PTY LTD QUEENSLAND OPERATORS COLLECTIVE AGREEMENT 2023

Road transport industry
COMMISSIONER DURHAM	BRISBANE, 7 FEBRUARY 2024

Application for approval of the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mini Movers Pty Ltd T/A Mini Movers (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

With respect to concerns raised regarding shiftworkers, the Employer has confirmed that they do not engage any workers on shiftwork arrangements and that the definition of shiftworker was included purely to satisfy the National Employment Standards. I am consequently satisfied that per s. 193A(6A), that shiftworkers are not a type of employment that is reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Mini Movers Pty Ltd T/A Mini Movers, the Fair Work Commission (FWC) was tasked with considering an application for the approval of the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2023. The applicant, Mini Movers, sought the FWC's endorsement of the agreement, which was intended to govern the employment conditions of its Queensland-based operators.

The primary legal issue before the FWC was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC needed to determine whether the agreement met the necessary standards for employees' rights, obligations, and protections. The FWC also had to ensure that the agreement did not unfairly disadvantage any party and was made in good faith. Additionally, the FWC assessed whether the agreement provided a safety net of minimum entitlements for employees.

In its reasoning, the FWC closely examined the terms and conditions outlined in the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2023. The FWC noted that the agreement contained provisions that aligned with the minimum standards prescribed by the Fair Work Act. The FWC was satisfied that the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and reasonable working hours. The FWC also found that the agreement was made in good faith and did not unfairly disadvantage either party. As a result, the FWC approved the collective agreement, recognising its compliance with the relevant statutory requirements.

In summary, the FWC approved the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2023, confirming its compliance with the Fair Work Act 2009. The FWC's decision was based on its finding that the agreement met the necessary standards for employees' rights, obligations, and protections, and was made in good faith without unfair disadvantage to any party.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established