Scott Corporation Limited T/A Chemtrans

[2014] FWCA 6581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott Corporation Limited T/A Chemtrans
(AG2014/7372)

DRIVERS ENTERPRISE AGREEMENT BUNDABERG 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 SEPTEMBER 2014

Application for approval of the Drivers Enterprise Agreement Bundaberg 2014.

[1] An application has been made for approval of an enterprise agreement known as the Drivers Enterprise Agreement Bundaberg 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scott Corporation Limited T/A Chemtrans. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2014. The nominal expiry date of the Agreement is 18 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scott Corporation Limited, trading as Chemtrans, applied to the Fair Work Commission for approval of the Drivers Enterprise Agreement Bundaberg 2014. The applicant, an employer, sought to have the agreement, which was made between them and their employees, approved and registered as a protected action under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement complied with the statutory requirements for enterprise agreements and whether it met the "better off overall test" as stipulated by the Act.

The court had to examine the provisions of the agreement to ensure it contained the mandated minimum terms and conditions, and whether it was negotiated in good faith. Additionally, the court needed to assess whether the agreement provided employees with a total remuneration package that was at least as good as the relevant award or other applicable agreement, thereby satisfying the "better off overall test." This assessment involved a comparison of the terms and conditions in the proposed agreement with those in the relevant award.

The Fair Work Commission found that the agreement complied with all statutory requirements and met the "better off overall test." The agreement contained all the necessary minimum terms and conditions, and the negotiation process was conducted in good faith. Moreover, the employees were better off overall under the proposed agreement compared to the relevant award. Consequently, the Commission approved the Drivers Enterprise Agreement Bundaberg 2014 and registered it as a protected action under the Fair Work Act 2009.

The Fair Work Commission ordered that the Drivers Enterprise Agreement Bundaberg 2014 be approved and registered as a protected action, effective from the date of the decision. This registration meant that the terms and conditions of the agreement would apply to the employees covered by the agreement, and any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement. The decision ensured that the employees would benefit from the terms negotiated between their employer and their representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established