Oliveri Transport Services Pty Ltd

[2013] FWCA 3335

FAIR WORK COMMISSION

DECISION

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

Oliveri Transport Services Pty Ltd
(AG2013/1171)

OLIVERI TRANSPORT SERVICES AND THE TRANSPORT WORKERS' UNION OF AUSTRALIA FAIR WORK AGREEMENT 2013

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 28 MAY 2013

Application for approval of the Oliveri Transport Services and the Transport Workers' Union of Australia Fair Work Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Oliveri Transport Services and the Transport Workers' Union of Australia Fair Work Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] An undertaking concerning clause 29 and clause 37 has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The employer and the Transport Workers’ Union of Australia (TWU) acknowledge that all references to “Fair Work Australia” in the Agreement should be read as “the Fair Work Commission”.

[5] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 4 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oliveri Transport Services Pty Ltd applied for approval of the Oliveri Transport Services and the Transport Workers' Union of Australia Fair Work Agreement 2013. The Transport Workers' Union of Australia was the registered bargaining representative of the employees. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was in the public interest, and whether it was a safety net agreement. The Commission found that the agreement was in the public interest and constituted a safety net agreement. The agreement provided for reasonable work arrangements, a pay rise, and the preservation of existing conditions. The Commission was satisfied that the agreement would not have a detrimental effect on the broader labour market, and that it did not undermine the safety net provided by the National Employment Standards.

The Transport Workers' Union of Australia argued that the agreement was in the public interest, and that it provided for reasonable work arrangements. The Union submitted that the agreement provided for a pay rise, and that it preserved existing conditions. The Union submitted that the agreement did not have a detrimental effect on the broader labour market, and that it did not undermine the safety net provided by the National Employment Standards. The Union submitted that the agreement was a safety net agreement, and that it provided for a safety net award. The Union submitted that the agreement was in the public interest, and that it was a safety net agreement. The Commission accepted the Union's submissions. The Commission was satisfied that the agreement was in the public interest, and that it constituted a safety net agreement. The Commission was satisfied that the agreement provided for reasonable work arrangements, a pay rise, and the preservation of existing conditions. The Commission was satisfied that the agreement did not have a detrimental effect on the broader labour market, and that it did not undermine the safety net provided by the National Employment Standards. The Commission was satisfied that the agreement was a safety net agreement, and that it provided for a safety net award. The Commission approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established