S & L Sand and Gravel Pty Ltd

[2014] FWCA 6981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & L Sand and Gravel Pty Ltd
(AG2014/8937)

S & L SAND AND GRAVEL PTY LTD TIPPER DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 OCTOBER 2014

Application for approval of the S & L Sand and Gravel Pty Ltd Tipper Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the S & L Sand and Gravel Pty Ltd Tipper Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by S & L Sand and Gravel Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] Undertakings were provided by Mr Sivewright (Company Director) on 2 October 2014. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings 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 10 October 2014. The nominal expiry date of the Agreement is 2 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, S & L Sand and Gravel Pty Ltd, applied for the approval of the S & L Sand and Gravel Pty Ltd Tipper Drivers Enterprise Agreement 2014. The applicant sought to have the agreement made under the Fair Work Act 2009 registered as a single interest employer agreement. The application was made in the Fair Work Commission, an Australian federal statutory tribunal. The Commission has the power to approve, register and make orders in relation to enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009 and whether it should be registered as a single interest employer agreement. The applicant argued that the agreement had been made in good faith and that it met the requirements of the Act. The Commission considered whether the agreement had been made freely and voluntarily, without any contravention of the Act, and whether it provided for terms and conditions that were fair and reasonable.

The Commission found that the agreement had been made in accordance with the requirements of the Fair Work Act 2009 and was therefore approved and registered as a single interest employer agreement. The Commission noted that the agreement had been negotiated between the applicant and the relevant union, and that it provided for terms and conditions that were fair and reasonable. The Commission also found that the agreement had been made freely and voluntarily, without any contravention of the Act. The Commission was satisfied that the applicant had met its onus of proof in establishing that the agreement met the requirements of the Act.

The Commission approved the S & L Sand and Gravel Pty Ltd Tipper Drivers Enterprise Agreement 2014 and registered it as a single interest employer agreement. The agreement was registered from the date of the application and would remain in force until it was terminated or varied in accordance with the Fair Work Act 2009. The applicant was ordered to provide a copy of the agreement to the Fair Work Ombudsman and to display a copy of the agreement at its place of business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established