Scott Corporation Limited T/A Chemtrans Pty Ltd

[2014] FWCA 7936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Scott Corporation Limited T/A Chemtrans Pty Ltd
(AG2014/7913)

CHEMTRANS VICTORIA CERTIFIED AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 11 NOVEMBER 2014

Application for approval of the Chemtrans Victoria Certified Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Chemtrans Victoria Certified Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scott Corporation Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 18 November 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scott Corporation Limited, trading as Chemtrans Pty Ltd, applied for approval of the Chemtrans Victoria Certified Agreement 2014. The application was before the Fair Work Commission, which is responsible for the approval of certified agreements under the Fair Work Act 2009. The certified agreement in question was proposed to govern the employment conditions of certain employees of Chemtrans in Victoria. The application came before the Commission following the submission of objections by some of the employees who were to be covered by the agreement.

The primary legal issues before the Commission were whether the certified agreement complied with the statutory requirements set out in the Fair Work Act 2009 and whether the agreement was made in accordance with the procedures prescribed by the Act. In particular, the Commission had to consider if the agreement provided for terms and conditions that met the "better off overall test" and if the proper processes were followed in reaching the agreement. The Commission also needed to determine if any terms in the agreement were contrary to public policy or contained any illegality.

The Fair Work Commission carefully reviewed the certified agreement and the evidence presented by both parties. It found that the agreement met the "better off overall test" as the majority of the employees who were to be covered by the agreement had voted in favour of it. The Commission also determined that the agreement was made in accordance with the prescribed procedures and did not contain any terms that were contrary to public policy or illegal. Consequently, the Commission approved the Chemtrans Victoria Certified Agreement 2014.

The final orders of the Fair Work Commission were that the Chemtrans Victoria Certified Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. This decision meant that the agreement would be legally binding on the parties and enforceable in accordance with the Act. The approved agreement would govern the employment conditions of the employees covered by the agreement in Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established