Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Logistics Summary

[2018] FWCA 6714

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Logistics

(AG2018/2203)

Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2018

Road transport industry
Commissioner Harper-Greenwell	MELBOURNE, 30 OCTOBER 2018

Application for approval of the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2018.

An application has been made for approval of an enterprise agreement known as the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Logistics. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, 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.

The Agreement lodged contained an error at clause 3, clause 14, and clause 20. On 29 October 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement was approved on 30 October 2018 and, in accordance with s.54, will operate from 6 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Sadleirs Transport Co (NSW) Pty Ltd, trading as Sadleirs Logistics, which applied for approval of the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2018. The matter was heard in the Fair Work Commission, a tribunal with specialised jurisdiction in employment law. The dispute centred around the proposed enterprise agreement between Sadleirs Logistics and its employees, particularly focusing on the terms and conditions of employment, including wages, hours of work, and other related matters.

The legal issues the court needed to decide involved whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the 'better off overall test' (BOOT). The BOOT requires that employees be no worse off financially and at least one term be improved under the new agreement compared to the existing conditions. The court also needed to consider whether the agreement provided for procedural fairness, ensuring employees had a reasonable opportunity to be involved in the agreement's formation.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and the content of the proposed agreement. It assessed whether the agreement was made in good faith and whether it provided for procedural fairness, ensuring that employees had a meaningful opportunity to be involved. The Commission concluded that the agreement met the BOOT and was procedurally fair, and thus approved the proposed Kewdale Agreement. The court found that the agreement provided for a balanced outcome that improved certain terms and conditions for employees without making them worse off overall.

As a result, the Fair Work Commission approved the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2018. The agreement now serves as the legally binding enterprise agreement between Sadleirs Logistics and its employees, governing their terms and conditions of employment.

Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established