DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sadleirs Transport Co (NSW) Pty Ltd t/a Sadleirs Road Distribution Services
(AG2019/135)

SADLEIRS LOGISTICS MELBOURNE ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MAY 2019

Application for approval of the Sadleirs Logistics Melbourne Enterprise Agreement 2018.

[1] Sadleirs Transport Co. (NSW) Pty Ltd t/a Sadleirs Road Distribution Services has made an application for approval of an enterprise agreement known as the Sadleirs Logistics Melbourne Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 May 2019 and, in accordance with s 54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 14 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sadleirs Transport Co (NSW) Pty Ltd t/a Sadleirs Road Distribution Services applied to the Fair Work Commission for approval of the Sadleirs Logistics Melbourne Enterprise Agreement 2018. The company sought the agreement's approval under the Fair Work Act 2009, as it was intended to be a modern award. The applicants were the employer, Sadleirs Transport Co (NSW) Pty Ltd, and the respondents were the unions involved in the agreement. The dispute centred on whether the agreement met the legal requirements for approval as a modern award.

The legal issues before the court included whether the agreement provided for the proper classification of employees, adequate minimum rates of pay, and appropriate conditions such as leave entitlements and penalty rates. Additionally, the court had to determine if the agreement included provisions for dispute resolution and was consistent with the objects of the Fair Work Act. Another significant issue was whether the agreement provided fair and reasonable terms and conditions for the employees involved.

The Fair Work Commission found that the Sadleirs Logistics Melbourne Enterprise Agreement 2018 met the necessary legal requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions for the employees, with proper classification, minimum rates of pay, and conditions that aligned with the objectives of the Fair Work Act. The court was satisfied that the agreement included adequate provisions for dispute resolution and that it did not unfairly disadvantage any party. Consequently, the application for approval was granted, and the agreement was approved as a modern award.

Sadleirs Transport Co (NSW) Pty Ltd t/a Sadleirs Road Distribution Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established