S & R Harvey Pty Ltd T/A Srh Milk Haulage

[2022] FWCA 4101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

S & R Harvey Pty Ltd T/A Srh Milk Haulage

(AG2022/4440)

S & R Harvey Pty Ltd Enterprise Agreement 2022

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 22 NOVEMBER 2022

Application for approval of the S & R Harvey Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the S & R Harvey Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S & R Harvey Pty Ltd T/A Srh Milk Haulage. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

S & R Harvey Pty Ltd, trading as Srh Milk Haulage, applied to the Fair Work Commission for approval of their Enterprise Agreement 2022. The company sought to have the agreement recognised and enforced as a registered agreement under the Fair Work Act 2009. The application was opposed by the union representing the employees, who argued that the proposed agreement did not adequately protect employee rights and conditions.

The legal issues before the Fair Work Commission included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included whether the agreement contained the mandatory terms prescribed by the Act, whether it was free from any prohibited content, and whether the agreement had been made in good faith. Additionally, the court had to consider whether the agreement provided fair and reasonable terms for the employees and whether it had been made with genuine consultation between the parties.

The Fair Work Commission found that the proposed agreement met all the statutory requirements for approval. The Commission determined that the agreement contained all the mandatory terms prescribed by the Act and did not include any prohibited content. It was also satisfied that the agreement had been made in good faith and provided fair and reasonable terms for the employees. The Commission noted that there had been genuine consultation between the parties, and the union had participated in the negotiation process. Consequently, the Fair Work Commission approved the Enterprise Agreement 2022 as a registered agreement.

The Fair Work Commission approved the S & R Harvey Pty Ltd Enterprise Agreement 2022 as a registered agreement under the Fair Work Act 2009. The decision recognised the agreement as enforceable and binding on both the company and its employees. The union's opposition to the application was dismissed, and the agreement was registered, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established