Port Macquarie Removals & Storage Pty Ltd

[2013] FWCA 7570

FAIR WORK COMMISSION

DECISION

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

Port Macquarie Removals & Storage Pty Ltd
(AG2013/9350)

PORT MACQUARIE REMOVALS & STORAGE P/L ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 2 OCTOBER 2013

Application for approval of the Port Macquarie Removals & Storage P/L Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Port Macquarie Removals & Storage P/L Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Port Macquarie Removals & Storage Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 9 October 2013. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port Macquarie Removals & Storage Pty Ltd sought approval of its 2012 Enterprise Agreement from the Fair Work Commission. The applicant, a removals company, and the respondent, a trade union representing employees, had negotiated the agreement but required the Commission's approval due to a dispute over certain provisions. The primary issues revolved around the enforceability and fairness of specific clauses within the agreement, particularly those concerning employee conditions and remuneration.

The Commission examined whether the agreement met the legal criteria for approval, including provisions under the Fair Work Act 2009. The court assessed whether the agreement provided for fair and reasonable terms and conditions, including pay, hours of work, leave, and dispute resolution mechanisms. It also considered the process by which the agreement was made, including whether it was genuinely negotiated and whether it complied with procedural fairness.

The Commission found that the agreement met the necessary criteria for approval. It concluded that the agreement was fairly negotiated and contained provisions that were reasonable and fair for the employees. The Commission noted the absence of any significant detriment to the employees and the presence of adequate dispute resolution mechanisms. Therefore, the Commission approved the agreement, stating it met the statutory requirements under the Fair Work Act.

The final order of the Commission was to approve the Port Macquarie Removals & Storage P/L Enterprise Agreement 2012, allowing it to be registered and enforced as a binding agreement between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established