Scott’s Refrigerated Freightways (NSW) Pty Limited; Scott’s Refrigerated Freightways Services (NSW) Pty Ltd

[2014] FWCA 3691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott’s Refrigerated Freightways (NSW) Pty Limited; Scott’s Refrigerated Freightways Services (NSW) Pty Ltd
(AG2014/5860)

SCOTTS REFRIGERATED FREIGHTWAYS (NSW) PTY LTD AND SCOTTS REFRIGERATED FREIGHTWAYS SERVICES (NSW) PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 JUNE 2014

Application for approval of the Scotts Refrigerated Freightways (NSW) Pty Limited and Scotts Refrigerated Freightways Services (NSW) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Scotts Refrigerated Freightways (NSW) Pty Ltd and Scotts Refrigerated Freightways Services (NSW) Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scott’s Refrigerated Freightways (NSW) Pty Limited and Scott’s Refrigerated Freightways Services (NSW) Pty Ltd. The Agreement is a multi-enterprise agreement.

[2] On 2 June 2014 undertakings were provided by Mr J Murray, Director of Scott’s Refrigerated Freightways (NSW) Pty Limited. Pursuant to s.190 of the Act, I accept the undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2014. The nominal expiry date of the Agreement is 9 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Scott's Refrigerated Freightways (NSW) Pty Limited and Scott's Refrigerated Freightways Services (NSW) Pty Ltd brought an application for the approval of their Enterprise Agreement 2014. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for various employees within the companies, including drivers and warehouse workers.

The primary legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act and if it provided for fair and reasonable terms and conditions of employment. This included assessing whether the agreement contained the mandatory terms prescribed by the Act and if it allowed for genuine bargaining between the employer and the employees. The Commission also had to consider if the agreement was in the best interests of the employees and if it complied with the Good Faith Bargaining Declaration.

The Commission found that the Enterprise Agreement 2014 did meet the legislative requirements. It contained all the prescribed mandatory terms and provided for fair and reasonable terms and conditions. The Commission was satisfied that there had been genuine bargaining between the parties and that the agreement was in the best interests of the employees. Furthermore, the Commission noted that the agreement complied with the Good Faith Bargaining Declaration. As a result, the Commission approved the Enterprise Agreement 2014 under section 234 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established