Scott Corporation Limited

[2014] FWCA 4176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott Corporation Limited
(AG2014/6072)

PORT KEMBLA W&D DRIVERS ENTERPRISE AGREEMENT 1ST JULY 2013 TO 30TH JUNE 2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 24 JUNE 2014

Application for approval of the Port Kembla W&D Drivers Enterprise Agreement 1st July 2013 to 30th June 2017.

[1] An application has been made for approval of an enterprise agreement known as the Port Kembla W&D Drivers Enterprise Agreement 1st July 2013 to 30th June 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scott Corporation Limited (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 20 June 2014 undertakings were provided by Mr T Hearne, the Company’s General Manager - Corporate Services, in relation to clause 4.3 (Probation), clause 25 (Redundancy), clause 27 (Dispute Resolution), clause 29 (Consultation) and clause 31.2 (Union Matters) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scott Corporation Limited recently appeared before the Fair Work Commission in an application to approve an enterprise agreement. The dispute involved the proposed Port Kembla W&D Drivers Enterprise Agreement, which was set to be effective from 1 July 2013 to 30 June 2017. The applicant, Scott Corporation Limited, sought the Commission's approval of this agreement, which governs the employment terms and conditions of its drivers. The opposing party was the Transport Workers Union of Australia, which represented the drivers.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it was properly certified, and if it contained terms that were fair and reasonable. Furthermore, the Commission needed to consider if the agreement provided for proper dispute resolution mechanisms and if it adhered to any relevant minimum standards prescribed by the Act.

After thorough consideration of the submissions and evidence presented by both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement was made in good faith, was properly certified, and contained fair and reasonable terms. The agreement also provided for appropriate dispute resolution mechanisms, and it complied with all relevant minimum standards. Consequently, the Commission approved the Port Kembla W&D Drivers Enterprise Agreement, which will now govern the employment conditions of the drivers from the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established