DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & R Harvey Pty Ltd T/A SRH Milk Haulage
(AG2017/3904)

S & R HARVEY PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 APRIL 2018

Application for approval of the S & R Harvey Pty Ltd Enterprise Agreement 2017 - Agreement approved with Undertakings.

[1] As stated in my decision of 4 April 2018 ([2018] FWC 1931- the Decision) an application was received by the Fair Work Commission (the Commission) on 30 August 2017 for approval of an enterprise agreement known as the S & R Harvey Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by S & R Harvey Pty Ltd T/A SRH Milk Haulage (SRH – the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In the Decision I requested that additional undertakings be provided by the Applicant in respect of paid meal breaks and casual rates of pay and that subject to the provision of acceptable undertakings regarding those issues that the Agreement would be approved. By way of background, a number of undertakings had previously been provided by the Applicant, on 25 January 2018.

[3] On 12 April 2018, the Applicant provided the further undertakings which address my concerns. Pursuant to s.190(4) of the Act I sought and considered the views of the bargaining representative for the Agreement, in respect of the undertakings. A copy of the various undertakings provided by the Applicant is attached at Annexure A.

[4] 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.

[5] Against that background, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] As noted, pursuant to s.190(3), I have accepted the attached undertakings from the Applicant. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement.

[7] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

<AE427995, PR601979>

CaseChat Overview and Summary

In the Fair Work Commission, the applicant S & R Harvey Pty Ltd, trading as SRH Milk Haulage, applied for the approval of an enterprise agreement. The respondents, the drivers and loaders employed by the company, opposed the application. The dispute centred on the terms and conditions of employment set out in the proposed agreement.

The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, specifically if it provided for minimum entitlements, protected against adverse action, and was free from prohibited content. The respondents argued that certain clauses in the agreement did not meet these criteria, particularly those relating to the calculation of overtime and penalties for breaching work instructions.

The Commission found that, while the majority of the agreement was in compliance with the Act, some provisions needed to be altered. The applicant undertook to amend these provisions, addressing the concerns of the respondents. As a result, the Commission approved the agreement with the understanding that the applicant would implement the necessary changes. The respondents' objections were thus resolved through the undertakings provided by the applicant.

The final orders included the approval of the Enterprise Agreement 2017 with the conditions that the applicant would amend specific clauses as outlined in the Commission's decision. The agreement was thus approved, subject to the implementation of these amendments.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established