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

[2022] FWCA 2623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/2241)

Sadleirs Logistics Melbourne Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 2 AUGUST 2022

Application for approval of the Sadleirs Logistics Melbourne Enterprise Agreement 2022.

Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Transport (the Employer) has made an application for the approval of the Sadleirs Logistics Melbourne Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement and 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 TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2022. The nominal expiry date of the Agreement is 2 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sadleirs Transport Co (NSW) Pty Ltd, trading as Sadleirs Transport, applied to the Fair Work Commission for the approval of the Sadleirs Logistics Melbourne Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for employees under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The central legal issues revolved around whether the agreement provided for minimum rates of pay, entitlements, and conditions that were no less favourable than the relevant awards or modern awards, and whether the agreement had been made in accordance with the procedural requirements outlined in the Act.

The Commission examined the provisions of the agreement and considered submissions from both the employer and the employees. It was determined that the agreement contained provisions that were at least as favourable as the relevant modern awards and that the agreement had been made in good faith and without coercion. The Commission also noted that the agreement provided for proper consultation and included a dispute resolution process that was accessible and fair. Based on these findings, the Commission approved the Sadleirs Logistics Melbourne Enterprise Agreement 2022, finding that it met the statutory requirements and was in the best interests of the employees.

The Fair Work Commission's approval of the Sadleirs Logistics Melbourne Enterprise Agreement 2022 is a significant outcome for both the employer and the employees. The agreement provides for a clear framework of employment terms and conditions that are at least as favourable as the relevant modern awards. By approving the agreement, the Commission has recognised the parties' right to negotiate and enter into an enterprise agreement that is in the best interests of the employees and complies with the requirements of the Fair Work Act 2009. This decision provides certainty and stability for both the employer and the employees, ensuring that they are able to operate within a fair and equitable employment framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established