Multiquip Transport Pty Ltd

[2014] FWCA 4217

FAIR WORK COMMISSION

DECISION

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

Multiquip Transport Pty Ltd
(AG2014/6305)

MULTIQUIP TRANSPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 JUNE 2014

Application for approval of the Multiquip Transport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Multiquip Transport Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Multiquip Transport Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 18 June 2014 an undertaking was provided by Mr J Mikosic, Company Director, in relation to clause 13 (Rosters/Timetables) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] In accordance with clauses 23, 24 and 26 of the Agreement, the model flexibility, consultation and dispute resolution procedure terms are taken to be terms of the Agreement.

[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 2 July 2014. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Multiquip Transport Pty Ltd, the Fair Work Commission (FWC) was tasked with assessing the application for the approval of the Multiquip Transport Enterprise Agreement 2014. This application was brought forth by the applicant, Multiquip Transport Pty Ltd, and involved the union representing the employees, the Transport Workers Union of Australia (TWU). The primary dispute centred on the validity and fairness of the proposed enterprise agreement, which sought to establish terms and conditions of employment for the employees of Multiquip Transport Pty Ltd.

The legal issues before the Commission included whether the agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement had been made in good faith and whether it provided for the resolution of genuine issues at the enterprise level. Furthermore, the Commission needed to assess if the agreement provided for appropriate mechanisms for the protection of employees' rights and interests. The central contention was whether the proposed agreement would provide for fair and reasonable terms and conditions for the employees, and if it met the criteria for approval under the Act.

The Commission found that the agreement was made in good faith, as it was the result of genuine bargaining between the parties. The FWC noted the presence of a fair and reasonable process for the resolution of issues, with both parties demonstrating a willingness to negotiate. The Commission was satisfied that the agreement contained provisions for the protection of employees' rights and interests, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. After thorough consideration of the evidence and submissions, the FWC approved the Multiquip Transport Enterprise Agreement 2014, finding it to be fair and reasonable for the purposes of the Act.

In light of the approval, the Fair Work Commission ordered that the Multiquip Transport Enterprise Agreement 2014 be registered and given effect, with the agreement to take precedence over any inconsistent terms and conditions previously in place. The decision ensures that the employees of Multiquip Transport Pty Ltd are provided with fair and reasonable terms and conditions of employment, as established by the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established