R.B Russell Transport Pty Ltd Summary

[2013] FWCA 8791

FAIR WORK COMMISSION

DECISION

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

R.B Russell Transport Pty Ltd
(AG2013/10793)

RUSSELL FLEET WORKSHOPS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 8 NOVEMBER 2013

Application for approval of the Russell Fleet Workshops Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Russell Fleet Workshops Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.B. Russell Transport Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] Fair Work Commission received correspondence dated 5 November 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Manager - Support Services, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 8 November 2015.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involved an application by R.B Russell Transport Pty Ltd for the approval of the Russell Fleet Workshops Enterprise Agreement 2014. This agreement was proposed as a means of regulating the terms and conditions of employment for employees within the workshops division of the company. The application was heard in the Fair Work Commission, which has the jurisdiction to approve such agreements under the Fair Work Act 2009. The nature of the dispute was primarily centred around whether the agreement met the statutory requirements for approval, particularly with regard to its compliance with the procedural fairness provisions outlined in the Act.

The primary legal issues the court had to address were whether the agreement was genuinely negotiated, and if the necessary procedural fairness was observed during its formation. Specifically, the court had to consider whether the employer had engaged in genuine bargaining with the employees' representative, and if the agreement had been properly presented to the employees for their consideration. The court also had to determine if the agreement contained all the mandated terms and conditions as required by the Fair Work Act.

In delivering the decision, the Fair Work Commission held that the agreement was genuinely negotiated and that procedural fairness was observed. The court found that the employer had engaged in meaningful discussions with the employees' representative and that the agreement reflected the outcomes of these negotiations. The court also noted that the employees were adequately informed about the contents of the agreement and had an opportunity to consider and discuss it before it was finalised. The agreement was deemed to include all the mandatory terms as required by the Act, and the Commission approved the application for the agreement to be registered.

Consequently, the Fair Work Commission approved the Russell Fleet Workshops Enterprise Agreement 2014, confirming its compliance with the statutory requirements under the Fair Work Act. The agreement is now legally binding on the parties and will govern the employment conditions within the workshops division of R.B Russell Transport Pty Ltd.

R.B Russell Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established