Sands Fridge Lines Pty Ltd

[2013] FWCA 4448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sands Fridge Lines Pty Ltd
(AG2013/7211)

SANDS FRIDGE LINES PTY LTD METROPOLITAN DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 JULY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Sands Fridge Lines Pty Ltd Metropolitan Drivers 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 applied for approval of the Sands Fridge Lines Pty Ltd Metropolitan Drivers Enterprise Agreement 2013 before the Fair Work Commission. The applicant, a transport company, sought to have the agreement approved to cover its drivers employed in the metropolitan area of Sydney. The application was opposed by the Transport Workers Union of Australia, which represented some of the drivers.

The central issue before the Commission was whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission considered whether the agreement met the requirements for simplification, transparency, and whether it was in the best interests of the employees. It also had to determine if the agreement was free from any prohibited content and if the bargaining process was genuine.

The Commission found that the agreement was clear and concise, allowing employees to understand their rights and obligations. It was also found to be free from any prohibited content and was genuinely negotiated. The Commission concluded that the agreement was in the best interests of the employees, considering the overall terms and conditions it provided. The application was approved, and the agreement was registered.

The Fair Work Commission approved the Sands Fridge Lines Pty Ltd Metropolitan Drivers Enterprise Agreement 2013 and registered it under the Fair Work Act 2009. The decision was made in light of the agreement's compliance with the Act and Regulations, its clarity and transparency, and its overall benefit to the employees. The Transport Workers Union of Australia's opposition to the application was ultimately unsuccessful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established