DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reeve Bulk Food Transport Pty Ltd
(AG2017/3267)

REEVE BULK FOOD ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Reeve Bulk Food Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Reeve Bulk Food Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reeve Bulk Food Transport Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 23 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Reeve Bulk Food Transport Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Reeve Bulk Food Enterprise Agreement 2017. The application arose from negotiations between the company and its employees represented by the Transport Workers Union. The dispute centred on whether the agreement met the legal standards for enterprise agreements as outlined in the Fair Work Act 2009. The Commission had to determine whether the agreement had been fairly negotiated and if it contained the required minimum terms and conditions.

The legal issues before the Commission involved assessing the negotiation process and the content of the agreement. Key points of contention included whether the agreement was made in good faith and if it provided fair terms and conditions for the employees. The Commission also had to consider whether the agreement complied with the Fair Work Act's requirements regarding minimum entitlements such as wages, hours of work, and other conditions of employment. Additionally, the fairness of the agreement in the context of broader industrial relations principles was examined.

After reviewing the evidence and submissions from both parties, the Commission found that the negotiation process was fair and in good faith. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, and it met all the statutory requirements of the Fair Work Act. The Commission approved the agreement, highlighting its compliance with the minimum standards and its fairness in the broader industrial context. The decision underscored the importance of adhering to the legal framework governing enterprise agreements in Australia.

Reeve Bulk Food Transport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established