Sands Fridge Lines Pty Ltd

[2013] FWCA 5178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sands Fridge Lines Pty Ltd
(AG2013/6988)

SANDS FRIDGE LINES PTY LTD LONG DISTANCE DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 JULY 2013

Application for approval of the Sands Fridge Lines Pty Ltd Long Distance Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sands Fridge Lines Pty Ltd Long Distance Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 28 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sands Fridge Lines Pty Ltd was a party to an enterprise agreement that was subject to approval under the Fair Work Act 2009. The applicant, the company, sought approval of the Sands Fridge Lines Pty Ltd Long Distance Drivers Enterprise Agreement 2013. The Australian Industrial Relations Commission (AIRC) was tasked with determining whether the agreement met the requirements for approval under the Act. The applicant argued that the agreement was fair and reasonable, while the union representing the employees contended that it did not adequately protect the workers' interests.

The central legal issue before the Commission was whether the agreement was fair and reasonable, as required by section 233 of the Fair Work Act. The Commission had to consider whether the agreement met the "better off overall test" and whether it included provisions that were fair and reasonable in all its aspects. Additionally, the Commission needed to determine if the agreement was made in good faith and without coercion.

In its decision, the Commission examined the contents of the agreement and the process by which it was negotiated. The Commission found that the agreement was made in good faith and without coercion, and that it contained provisions that were fair and reasonable. The Commission also concluded that the agreement met the better off overall test. Consequently, the Commission approved the Sands Fridge Lines Pty Ltd Long Distance Drivers Enterprise Agreement 2013, finding it to be fair and reasonable.

The Commission issued an order approving the enterprise agreement. The agreement was to be registered and would have effect as a registered agreement under the Fair Work Act. The union's concerns regarding the agreement were addressed, and the Commission determined that the agreement was fair and reasonable, and met all legal requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established