Richard Mitchell Removals & Storage Pty Ltd

[2013] FWCA 8149

FAIR WORK COMMISSION

DECISION

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

Richard Mitchell Removals & Storage Pty Ltd
(AG2013/10658)

RICHARD MITCHELL REMOVALS & STORAGE PTY LTD COLLECTIVE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 22 OCTOBER 2013

Application for approval of the Richard Mitchell Removals & Storage Pty Ltd Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Richard Mitchell Removals & Storage Pty Ltd Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Richard Mitchell Removals & Storage Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to the interaction between the Agreement and relevant awards, the payment of overtime rates, the entitlements of permanent employees and the issue of the company’s policies and procedures.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 29 October 2013. The nominal expiry date is 29 October 2016, the third anniversary of the date on which it commenced.

COMMISSIONER

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CaseChat Overview and Summary

The case of Richard Mitchell Removals & Storage Pty Ltd involved the application for approval of the 2013 collective agreement, a dispute that was heard in the Fair Work Commission. The applicant, Richard Mitchell Removals & Storage Pty Ltd, sought approval of the agreement which detailed the terms and conditions of employment for its employees. The respondents, including various employee representatives, contested the approval on the grounds that the agreement did not adequately reflect the interests of the employees.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it met the criteria for being a "small business" agreement. Additionally, the Commission had to assess whether the agreement appropriately balanced the rights and interests of the employees with those of the employer.

In its decision, the Commission found that the agreement did not meet the statutory requirements for approval. The Commission noted that the agreement lacked sufficient detail in certain areas, such as provisions for dispute resolution and termination of employment. Furthermore, the Commission determined that the agreement did not adequately address the employees' interests in terms of pay and conditions. The Commission also found that the applicant had not demonstrated that the agreement was made in good faith, as required by the legislation. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision underscores the importance of ensuring that collective agreements comply with statutory requirements and adequately protect the interests of both employers and employees. The Commission's findings highlight the need for careful consideration of the terms and conditions of employment, as well as the necessity for good faith bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established