Premier Office Relocations (NSW) Pty Limited T/A Allied Pickfords Business Relocations - Sydney - [2014] FWCA 6806

[2014] FWCA 6806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Office Relocations (NSW) Pty Limited T/A Allied Pickfords Business Relocations - Sydney
(AG2014/7328)

PREMIER OFFICE RELOCATIONS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 SEPTEMBER 2014

Application for approval of the Premier Office Relocations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Premier Office Relocations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Premier Office Relocations (NSW) Pty Limited T/A Allied Pickfords Business Relocations - Sydney (the Company). The agreement is a single-enterprise agreement.

[2] On 26 September 2014 undertakings were provided by Mr A Elsholz, Operations Manager of the Company, in relation to clause 7.2 (Wage Rates) and clause 14 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[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 October 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Premier Office Relocations (NSW) Pty Limited trading as Allied Pickfords Business Relocations - Sydney, an application was made to the Fair Work Commission for the approval of the Premier Office Relocations Enterprise Agreement 2014. The dispute arose between the applicant, the employer, and the Australian Manufacturing Workers' Union, the representative of the employees. The application was brought before the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The legal issues the court needed to determine involved whether the agreement fulfilled the legislative requirements for an enterprise agreement. Specifically, the court had to consider whether the agreement was made in good faith, whether it was in writing, if it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement had been properly negotiated. Furthermore, the court had to ensure that the process of agreement formation complied with procedural fairness.

The Fair Work Commission, in reviewing the application, found that the agreement met all the statutory criteria for approval. The court concluded that the agreement was made in good faith, was in writing, contained all the required minimum terms and conditions, and was the result of proper negotiations. Additionally, the process through which the agreement was formed adhered to the principles of procedural fairness. Consequently, the court approved the Premier Office Relocations Enterprise Agreement 2014, finding it to be a valid and legally binding contract between the employer and the employees.

Premier Office Relocations (NSW) Pty Limited T/A Allied Pickfords Business Relocations - Sydney

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established