Sands Fridge Lines Pty Ltd Summary

[2013] FWCA 5224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sands Fridge Lines Pty Ltd
(AG2013/6990)

SANDS FRIDGE LINES PTY LTD COUNTRY DELIVERY DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT MCCARTHY	MELBOURNE, 31 JULY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Sands Fridge Lines Pty Ltd Country Delivery 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, the employer, applied for the approval of the Sands Fridge Lines Pty Ltd Country Delivery Drivers Enterprise Agreement 2013. The applicant sought to have the agreement approved under the Fair Work Act 2009, which requires that certain conditions be met, including that the agreement provides for fair and reasonable terms and conditions for employees. The Australian Industrial Relations Commission (AIRC) was the court that heard the application.

The legal issues before the court involved whether the terms and conditions of the enterprise agreement were fair and reasonable and whether the agreement met all the requirements for approval under the Fair Work Act 2009. The court had to consider various factors, including whether the agreement provided for fair and reasonable terms and conditions for employees, whether it complied with the relevant provisions of the Fair Work Act, and whether it was consistent with the national minimum terms and conditions set out in the Fair Work Act.

The court found that the terms and conditions of the enterprise agreement were fair and reasonable and that the agreement met all the requirements for approval under the Fair Work Act 2009. The court noted that the agreement provided for a fair and reasonable level of pay and conditions for employees, and that it complied with all the relevant provisions of the Fair Work Act. The court also found that the agreement was consistent with the national minimum terms and conditions set out in the Fair Work Act. Based on these findings, the court approved the enterprise agreement.

Sands Fridge Lines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established