National Heavy Haulage Pty Ltd

[2013] FWCA 4094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

National Heavy Haulage Pty Ltd
(AG2013/6362)

NATIONAL HEAVY HAULAGE ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 JUNE 2013

Application for approval of the National Heavy Haulage Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Heavy Haulage Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Heavy Haulage Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 18 June 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 July 2013. The nominal expiry date of the Agreement is 25 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, National Heavy Haulage Pty Ltd applied for the approval of the National Heavy Haulage Enterprise Agreement 2013. The applicant, a company involved in the heavy haulage industry, sought to have the agreement, which was negotiated with its employees, recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval as set out in the legislation.

The central legal issue before the Commission was whether the agreement complied with the formal and substantive requirements for registration. The formal requirements included the correct process for negotiation and the existence of certain minimum terms and conditions. Substantive requirements encompassed provisions that were fair and reasonable, particularly in relation to the protection of employees' rights and interests. The Commission had to determine if the agreement adequately addressed these criteria.

The Commission examined the negotiation process and found that it had been conducted in accordance with the statutory guidelines, ensuring that the agreement had been genuinely negotiated. It also assessed the terms and conditions of the agreement, determining that they were fair and reasonable, providing adequate protection for employees. The Commission concluded that the agreement met all necessary criteria and approved it as a registered agreement. This decision allows the agreement to provide a framework for the employment conditions of the workers within the heavy haulage industry, governed by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established