Rand Transport (1986) Pty Ltd as trustee for Rand Transport Unit Trust T/A Rand Transport (1986) Pty Ltd

[2014] FWCA 6910

FAIR WORK COMMISSION

DECISION

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

Rand Transport (1986) Pty Ltd as trustee for Rand Transport Unit Trust T/A Rand Transport (1986) Pty Ltd
(AG2014/7499)

RAND TRANSPORT (1986) PTY LTD WAREHOUSING OPERATIONS ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2014

Application for approval of the Rand Transport (1986) Pty Ltd Warehousing Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rand Transport (1986) Pty Ltd Warehousing Operations 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 Rand Transport (1986) Pty Ltd as trustee for Rand Transport Unit Trust T/A Rand Transport (1986) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 19 September 2014. On 26 September 2014 I received a signed undertaking in response to the queries from Fiona King, Human Resources Manager at Rand Transport Pty Ltd. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The National Union of Workers and the Shop, Distributive and Allied Employees Association have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the two organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Rand Transport (1986) Pty Ltd as trustee for the Rand Transport Unit Trust, the Fair Work Commission was presented with an application for the approval of the Rand Transport (1986) Pty Ltd Warehousing Operations Enterprise Agreement 2014. The dispute involved the warehousing operations of the applicant company and its employees, with a focus on the proposed terms and conditions outlined in the enterprise agreement. The matter was adjudicated by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural requirements of the Act and whether it met the 'better off overall test'. This test requires that employees be at least as well off financially under the new agreement as they would be under the applicable award or previous enterprise agreement. Additionally, the Commission had to consider whether the agreement contained all the 'protected action' provisions mandated by the Act.

The Fair Work Commission found that the application met all procedural requirements and that the proposed agreement satisfied the better off overall test. The Commission noted that the agreement provided for appropriate increases in wages and conditions for employees, thereby improving their overall financial position. Furthermore, the Commission confirmed that all necessary 'protected action' provisions were included in the agreement. Consequently, the application for approval was successful.

The Fair Work Commission approved the Rand Transport (1986) Pty Ltd Warehousing Operations Enterprise Agreement 2014, effective from the date of the decision. The agreement was to apply to the employees covered by the application and would supersede any conflicting provisions in the applicable award or previous enterprise agreement. This decision provided clarity and legal certainty to both the employer and employees concerning the terms and conditions of their employment under the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established