Scott Corporation Ltd Summary

[2013] FWCA 6183

FAIR WORK COMMISSION

DECISION

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

Scott Corporation Ltd
(AG2013/8617)

BULKTRANS WASTE SERVICES DRIVERS ENTERPRISE AGREEMENT 1^ST JULY 2013 TO 30^THJUNE 2017

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 29 AUGUST 2013

Application for approval of the Bulktrans Waste Services Drivers Enterprise Agreement 1^stJuly 2013 to 30^th June 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bulktrans Waste Services Drivers Enterprise Agreement 1^st July 2013 to 30^th June 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scott Corporation Ltd. 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, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 September 2013. The nominal expiry date is four (4) years from that date.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Scott Corporation Ltd, which brought an application for approval of the Bulktrans Waste Services Drivers Enterprise Agreement for the period from 1st July 2013 to 30th June 2017. The application was heard by the Fair Work Commission. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues the court needed to address included whether the agreement complied with the procedural fairness requirements, whether it contained mandatory terms as defined in the Act, and whether it was genuinely bargained. The court also had to determine if the agreement was in the best interests of the employees and if it adhered to the good faith bargaining principle.

The Fair Work Commission found that the agreement was procedurally fair, as it was the result of genuine and good faith bargaining. The Commission also determined that the agreement did not include any mandatory terms that would render it invalid. Moreover, the agreement was deemed to be in the best interests of the employees as it provided fair and reasonable terms of employment. The Commission concluded that the agreement met all the statutory requirements for approval under the Fair Work Act.

As a result, the Fair Work Commission approved the Bulktrans Waste Services Drivers Enterprise Agreement for the specified period. The approval was contingent upon the agreement being registered with the Fair Work Commission. The Commission's decision was based on a comprehensive analysis of the bargaining process, the terms of the agreement, and the interests of the employees involved.

Scott Corporation Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established