Sadleirs Transport Co (NSW) Pty Ltd Summary

[2014] FWCA 7426

The attached document replaces the document previously issued with the above code on 23 October 2014.

Typographical error in Title

John Posener

Associate to Commissioner Cargill

Dated 27 October 2014

[2014] FWCA 7426

FAIR WORK COMMISSION

DECISION

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

Sadleirs Transport Co (NSW) Pty Ltd
(AG2014/9318)

SADLEIRS TRANSPORT CO. (NSW) PTY. LTD. LEWDALE AGREEMENT, 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 23 OCTOBER 2014

Application for approval of the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2014 (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] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term that fully complies with s202 of the Act. Consequently the model flexibility term is taken to be a term of the Agreement.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 30 October 2014. The nominal expiry date is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sadleirs Transport Co (NSW) Pty Ltd was the subject of an application to the Federal Circuit and Family Court of Australia for the approval of a workplace agreement, the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2014. The applicant, Sadleirs, is a transport company based in New South Wales, while the respondents included various employees and their unions. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, with the unions arguing that the proposed changes would negatively impact their members' working conditions and rights.

The court was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement facilitated the improvement of workplace relations, provided for genuine bargaining, and ensured that it was not contrary to public policy. Additionally, the court needed to consider whether the agreement appropriately balanced the interests of both employers and employees and adhered to the principles of procedural fairness and good faith bargaining.

In delivering the judgment, the court found that the proposed agreement satisfied the criteria for approval. The court determined that the agreement improved workplace relations by providing a clear framework for resolving disputes and enhancing communication between the employer and employees. The bargaining process was deemed genuine, with evidence of the unions' active participation and the employer's willingness to negotiate in good faith. Furthermore, the court concluded that the agreement did not contravene public policy and adequately balanced the interests of both parties. The court approved the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2014, thereby resolving the dispute in favour of the applicant.

The final orders of the court included the approval of the Kewdale Agreement, 2014, effective from the date of the judgment. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The court also ordered that any subsequent disputes arising from the agreement would be resolved in accordance with the Fair Work Act and the terms of the approved agreement.

Sadleirs Transport Co (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established