DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Santa Fe Holdings Australia Pty Ltd
(AG2017/3449)

SANTA FE HOLDINGS AUSTRALIA PTY LTD WA ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Santa Fe Holdings Australia Pty Ltd WA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Santa Fe Holdings Australia Pty Ltd WA Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Santa Fe Holdings Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 29 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Santa Fe Holdings Australia Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement. This agreement, the Santa Fe Holdings Australia Pty Ltd WA Enterprise Agreement 2016, was submitted by the employer for consideration under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment, including wages, working hours, leave entitlements, and other conditions of employment for employees of the employer.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, and whether it met the requirements for a modern award. Specifically, the Commission needed to determine if the agreement provided for a safety net of minimum wages and conditions, if it was free from coercive conduct, and if it included appropriate dispute resolution mechanisms. The Commission also needed to ensure that the agreement did not undermine the operation of the modern award system.

The Commission found that the agreement largely complied with the Fair Work Act and the requirements for a modern award. The agreement provided for a safety net of minimum wages and conditions, free from coercive conduct, and included appropriate dispute resolution mechanisms. The Commission noted that the agreement contained provisions that went beyond the modern award in some areas, such as additional leave entitlements, which were not considered to be detrimental to the operation of the modern award system. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the Santa Fe Holdings Australia Pty Ltd WA Enterprise Agreement 2016, with some minor modifications. The modifications were made to ensure that the agreement fully complied with the Fair Work Act and the requirements for a modern award. The employer was directed to implement the modified agreement, which would then apply to the employees covered by the agreement.

Santa Fe Holdings Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established