Resourceco Pty Ltd

[2014] FWCA 630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resourceco Pty Ltd
(AG2013/10475)

RESOURCECO PTY LTD TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 JANUARY 2014

Application for approval of the ResourceCo Pty Ltd Transport Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ResourceCo Pty Ltd Transport Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Resourceco Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 23 January 2014 an undertaking was provided by the Company’s HR/OHS, Mr G Aylen. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking 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 4 February 2014. The nominal expiry date of the Agreement is 1 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE406558 PR547162>
Annexure A

CaseChat Overview and Summary

In the matter of Resourceco Pty Ltd, the Fair Work Commission was tasked with approving a proposed enterprise agreement. The applicants, Resourceco Pty Ltd, sought to have their proposed Transport Employees Enterprise Agreement 2013 approved under the Fair Work Act 2009. The dispute arose from objections to the agreement, which was intended to regulate employment terms and conditions for transport employees within the company.

The primary legal issues before the Commission involved determining whether the agreement met the statutory requirements for approval, specifically under section 231 of the Fair Work Act. Key aspects of the agreement in question included the classification of employees, provisions for remuneration, and various terms and conditions of employment. The Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions and whether it was made in good faith and without coercion.

The Commission examined the procedural fairness of the agreement-making process, the content of the proposed agreement, and whether it met the "better off overall test." After reviewing submissions and evidence from both parties, the Commission concluded that the agreement was made in good faith and without coercion. It also determined that the agreement provided for fair and reasonable terms and conditions, and met the "better off overall test." Consequently, the Commission approved the proposed Transport Employees Enterprise Agreement 2013.

The Fair Work Commission approved the Transport Employees Enterprise Agreement 2013, thereby resolving the dispute in favour of Resourceco Pty Ltd. The approval included the terms and conditions specified in the agreement, which would govern the employment of transport employees within the company. This decision ensured that the agreement was legally binding and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established