Sands Fridge Lines Pty Ltd

[2013] FWCA 4449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sands Fridge Lines Pty Ltd
(AG2013/7208)

SANDS FRIDGE LINES PTY LTD DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 JULY 2013

Application for approval of the Sands Fridge Lines Pty Ltd Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sands Fridge Lines Pty Ltd Distribution Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sands Fridge Lines Pty Ltd. 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 is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2013. The nominal expiry date will be 28 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sands Fridge Lines Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Sands Fridge Lines Pty Ltd Distribution Centre Enterprise Agreement 2013. The dispute arose between the employer and the employees represented by the Transport Workers Union of Australia, focusing on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The central legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including provisions regarding minimum wages, classification of employees, and other employment terms. Additionally, the Commission had to consider whether the agreement was negotiated in good faith and whether it provided for a fair and efficient workplace.

The Fair Work Commission examined the agreement in detail, assessing whether it complied with the mandatory criteria for approval, such as ensuring it did not undermine the safety net of minimum entitlements. The Commission also evaluated the process by which the agreement was negotiated, ensuring it was done in good faith. After thorough consideration, the Commission found that the proposed enterprise agreement met the necessary statutory requirements and was negotiated appropriately. Consequently, the application for approval was successful.

As a result, the Sands Fridge Lines Pty Ltd Distribution Centre Enterprise Agreement 2013 was approved, and the terms and conditions set out in the agreement will now apply to the relevant employees. This decision ensures that the agreement provides a fair and efficient workplace while adhering to the legal standards prescribed by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established