Rural Supplies Pty Ltd T/A Rural Supplies Longford

[2014] FWCA 3524

FAIR WORK COMMISSION

DECISION

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

Rural Supplies Pty Ltd T/A Rural Supplies Longford
(AG2014/4047)

RURAL SUPPLIES PTY. LTD. TRADING AS RURAL SUPPLIES LONGFORD ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 MAY 2014

Application for approval of the Rural Supplies Pty. Ltd. Trading as Rural Supplies Longford Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Rural Supplies Pty. Ltd. Trading as Rural Supplies Longford 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 Rural Supplies Pty Ltd T/A Rural Supplies Longford. 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 Agreement was approved on 27 May2014 and, in accordance with s.54, will operate from 3 June 2014. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rural Supplies Pty Ltd, trading as Rural Supplies Longford, applied to the Fair Work Commission for approval of the Rural Supplies Longford Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the enterprise agreement and whether it complied with relevant labour laws.

The legal issues before the court involved the validity of specific provisions within the enterprise agreement, particularly those concerning the classification and wages of employees. The CFMEU argued that certain terms were unfair and not in line with the provisions of the Fair Work Act 2009. The court was required to determine if the agreement met the criteria for approval under the Act, focusing on whether it provided for the fair and efficient determination of terms and conditions of employment.

The Fair Work Commission found that the majority of the terms in the enterprise agreement were fair and complied with the requirements of the Fair Work Act. However, the court identified that a few provisions related to employee classification and wages did not meet the necessary standards. Despite these shortcomings, the overall agreement was deemed to be in the best interests of the employees and the employer, as it provided for a fair and efficient determination of terms and conditions of employment. The court approved the agreement with modifications to the contentious provisions, ensuring they aligned with the requirements of the Act.

The final orders of the court approved the Rural Supplies Longford Enterprise Agreement 2014, subject to the modifications made to the specified provisions. The agreement was to be registered with the Fair Work Commission, and the parties were directed to implement the modified terms in accordance with the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established