DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott's Refrigerated Freightways Pty Limited
(AG2018/225)

SCOTT'S REFRIGERATED FREIGHTWAYS PTY LIMITED SOUTH AUSTRALIA DRIVERS (LINEHAUL AND LOCAL) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2018

Application for approval of the Scott's Refrigerated Freightways Pty Limited South Australia Drivers (Linehaul and Local) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Scott’s Refrigerated Freightways Pty Limited South Australia Drivers (Linehaul and Local) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scott’s Refrigerated Freightways Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 17 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Scott's Refrigerated Freightways Pty Limited, sought approval of an enterprise agreement affecting drivers in the South Australia region. The agreement, dated 2017, pertains to both linehaul and local drivers. The Fair Work Commission was the tribunal that heard the case.

The primary legal issues centred around whether the agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Key points of contention included whether the agreement met the criteria for "coverage" and "bargaining," and if the process for reaching the agreement was conducted fairly and in good faith.

In assessing the application, the Commission examined the bargaining process, the content of the agreement, and whether it provided for the minimum entitlements required by law. The Commission found that the agreement adequately covered the specified employees and that the bargaining process was conducted in good faith, with all mandatory provisions included. The Commission approved the enterprise agreement, finding it to meet all legislative requirements.

The Fair Work Commission approved the Scott's Refrigerated Freightways Pty Limited South Australia Drivers (Linehaul and Local) Enterprise Agreement 2017. The approval was contingent on the agreement being registered with the relevant authorities within the specified timeframe.

Scott's Refrigerated Freightways Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established