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

[2021] FWCA 6781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Transport
(AG2021/8356)

SADLEIRS KEWDALE (WA LOGISTICS) ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 NOVEMBER 2021

Application for approval of the Sadleirs Kewdale (WA Logistics) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Sadleirs Kewdale (WA Logistics) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 31 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Sadleirs Transport Co (NSW) Pty Ltd, trading as Sadleirs Transport, came before the Commission to determine the approval of the Sadleirs Kewdale (WA) Logistics Enterprise Agreement 2021. The agreement in question involved employees of Sadleirs Transport within the logistics sector, and the primary dispute centred on the terms and conditions of employment stipulated within the agreement.

The central legal issues that the Commission needed to address were whether the terms of the enterprise agreement were fair and reasonable, if the agreement had been negotiated in good faith, and whether it complied with the relevant legislative provisions. A particular focus was on the agreement's provisions regarding pay rates, working conditions, and other employment terms.

The Commission meticulously examined the evidence presented by both parties, including submissions on the process of negotiation and the nature of the agreement's provisions. The Commission found that the agreement was negotiated in good faith and contained terms and conditions that were fair and reasonable. It concluded that the agreement met the statutory requirements for approval, as it provided for appropriate protections for employees and balanced the interests of both employers and employees. Consequently, the Commission approved the Sadleirs Kewdale (WA) Logistics Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established