Point 2 Point Secure Pty Ltd

[2013] FWCA 8550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2013/10835)

POINT 2 POINT SECURE WESTERN AUSTRALIA OPERATIONS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 30 OCTOBER 2013

Application for approval of the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Point 2 Point Secure Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2013. The nominal expiry date of the Agreement is 5 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd applied for approval of the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2013. The application was made under the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The applicant, Point 2 Point Secure Pty Ltd, sought to have the proposed enterprise agreement approved, which would govern the employment conditions of their employees in Western Australia. The agreement was opposed by the Transport Workers Union of Australia, which represented some of the employees.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act, including the "better off overall test" and the "no disadvantage test". The Commission needed to determine if the agreement provided employees with a minimum rate of pay and conditions that were at least as favourable as their existing conditions, and if it did not disadvantage any employee in comparison to their previous entitlements. The Commission also considered whether the agreement complied with the procedural requirements of the Act, including the necessity for genuine bargaining and adequate disclosure.

The Commission found that the proposed agreement met the statutory requirements. It determined that the agreement provided employees with a minimum rate of pay and conditions that were not less favourable than their existing terms and conditions. The Commission also concluded that the agreement did not disadvantage any employee and that the process of bargaining was genuine. Regarding procedural fairness, the Commission accepted that there was adequate disclosure and that the agreement was the product of genuine bargaining. Therefore, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2013, determining it met all legal requirements under the Fair Work Act. The agreement was registered, and the terms and conditions specified within it became binding on the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established