DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sadleirs Transport Co. (NSW) Pty. Ltd.
(AG2015/3749)

SADLEIRS TRANSPORT CO. (NSW) PTY. LTD. MELBOURNE BRANCH ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 17 JULY 2015

Application for approval of the Sadleirs Transport Co. (NSW) Pty. Ltd. Melbourne Branch Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sadleirs Transport Co. (NSW) Pty. Ltd. Melbourne Branch Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sadleirs Transport Co. (NSW) Pty. Ltd.. The Agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 24 July 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Sadleirs Transport Co. (NSW) Pty. Ltd. Melbourne Branch Enterprise Agreement 2015, heard in the Fair Work Commission of Australia. The primary parties involved were Sadleirs Transport Co. (NSW) Pty. Ltd. and its employees, represented by the Transport Workers Union of Australia. The dispute centred around whether the agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009.

The key legal issues addressed by the court were whether the agreement contained all the mandatory provisions required by the Fair Work Act, whether it was free from unlawful content, and whether it had been genuinely negotiated between the parties. Additionally, the court considered whether the agreement provided for proper dispute resolution mechanisms and whether it adequately addressed the interests of the employees.

The Fair Work Commission examined the agreement clause by clause and found that it contained all the mandatory provisions as required by the Fair Work Act. It was also determined that the agreement was free from unlawful content and had been genuinely negotiated. The Commission was satisfied that the agreement provided for appropriate dispute resolution mechanisms and adequately addressed the interests of the employees. Consequently, the Fair Work Commission approved the Sadleirs Transport Co. (NSW) Pty. Ltd. Melbourne Branch Enterprise Agreement 2015.

The Fair Work Commission's decision was that the Sadleirs Transport Co. (NSW) Pty. Ltd. Melbourne Branch Enterprise Agreement 2015 was approved and would be registered under the Fair Work Act 2009. The agreement would now govern the employment conditions of the employees of the company's Melbourne branch, effective from the date of the Commission's approval.

Sadleirs Transport Co. (NSW) Pty. Ltd.

DECISION

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Legal Principle Established