National Fleet Administrative Services Pty Ltd Summary

[2013] FWCA 6325

FAIR WORK COMMISSION

DECISION

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

National Fleet Administrative Services Pty Ltd
(AG2013/2380)

NATIONAL FLEET ADMINISTRATIVE SERVICES P/L: SA COMPANY DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 30 AUGUST 2013

Application for approval of the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Fleet Administrative Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to overtime rates in clauses 17 and 20, the notice period for probationary employees in clause 21, the payment for Jury Duty in clause 23.7 and the meal allowance in clause 36 of the Agreement. The employee bargaining representative has also signed the undertaking.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 September 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by National Fleet Administrative Services Pty Ltd to have the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2013 approved by the Fair Work Commission. The applicant, a company providing fleet management services, sought approval of the enterprise agreement under section 230 of the Fair Work Act 2009, arguing that it was appropriate for the agreement to be made on a nationwide basis rather than limited to the state of South Australia. The respondents, which included various unions and individual employees, opposed the application, arguing that the agreement should not be approved as it did not meet the requirements of the Fair Work Act.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under section 230 of the Fair Work Act. Specifically, the Commission had to determine whether the agreement was appropriate for the purposes of being a safety net agreement, considering factors such as the nature of the bargaining, the extent to which the agreement provides for the terms and conditions of employment, and whether the agreement provides for a fair and efficient system of dispute resolution. The Commission also had to consider whether the agreement was appropriate for the purposes of being a single interest employer agreement, given that the applicant had employees in multiple states.

In its decision, the Commission noted that the applicant had a significant presence in multiple states and that the proposed agreement covered employees across these states. The Commission found that the agreement was appropriate for the purposes of being a safety net agreement, as it provided for a fair and efficient system of dispute resolution and contained terms and conditions of employment that were appropriate for the industry. The Commission also found that the agreement was appropriate for the purposes of being a single interest employer agreement, as the applicant had a common interest in the negotiation of the agreement and the agreement covered employees across multiple states. The Commission approved the enterprise agreement, finding that it met the criteria for approval under section 230 of the Fair Work Act.

The Fair Work Commission approved the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2013, finding that it met the criteria for approval under section 230 of the Fair Work Act. The Commission found that the agreement was appropriate for the purposes of being a safety net agreement and a single interest employer agreement, and that it provided for a fair and efficient system of dispute resolution and contained terms and conditions of employment that were appropriate for the industry. The Commission's decision provides guidance on the factors that are considered when determining whether an enterprise agreement is appropriate for approval, and highlights the importance of considering the nature of the bargaining and the interests of the parties when negotiating and approving enterprise agreements.

National Fleet Administrative Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established