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

[2022] FWCA 2079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1819)

Application for approval of the Sadleirs Kewdale (Resources) Enterprise Agreement 2022

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 29 JUNE 2022

Application for approval of the Sadleirs Kewdale (Resources) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Sadleirs Kewdale (Resources) Enterprise Agreement 2022 (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 Transport. 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 is approved and, in accordance with s.54 of the Act, will operate from 6 July 2022. The nominal expiry date of the Agreement is 25 June 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Sadleirs Transport Co (NSW) Pty Ltd, trading as Sadleirs Transport, for the approval of the Sadleirs Kewdale (Resources) Enterprise Agreement 2022. The application was brought under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and the Fair Work Commission was the relevant tribunal that issued the decision. The primary legal issue the court had to address was whether the enterprise agreement in question met the criteria for approval under the applicable legislation.

The court's reasoning focused on the statutory requirements for the approval of enterprise agreements. It examined whether the agreement had been fairly negotiated and covered all relevant employees within the specified bargaining unit. The court also considered if the agreement contained appropriate provisions for minimum entitlements, including rates of pay and conditions of employment. Furthermore, the court assessed whether the agreement provided for appropriate dispute resolution mechanisms. The court found that the agreement met all the necessary legal criteria, including compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act, and therefore, granted the application for approval.

In its decision, the Fair Work Commission approved the Sadleirs Kewdale (Resources) Enterprise Agreement 2022, confirming that it satisfied the legal requirements for approval. The court did not identify any significant issues that would have prevented the agreement from being approved. As such, the agreement was deemed to be fair and appropriate for the employees covered by the bargaining unit. The final orders of the court confirmed the approval of the enterprise agreement, ensuring that it would come into effect as per the terms specified within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established