DECISION

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

Scott's Refrigerated Freightways Pty Limited T/A Scott's Refrigerated Freightways Pty Limited
(AG2019/4378)

SCOTT'S REFRIGERATED FREIGHTWAYS PTY LIMITED QUEENSLAND DRIVERS (LINEHAUL AND LOCAL) ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER BOOTH	BRISBANE, 6 FEBRUARY 2020

Application for approval of the Scott’s Refrigerated Freightways Pty Limited Queensland Drivers (Linehaul and Local) Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Scott's Refrigerated Freightways Pty Limited (the Applicant) for approval of the Scott’s Refrigerated Freightways Pty Limited Queensland Drivers (Linehaul and Local) Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 20 December 2019, raising concerns in relation to the Agreement.

[3] Further to an extension sought by the Applicant, responses were filed addressing the concerns raised on 17 January 2020. Signed undertakings were filed subsequently on 22 January 2020.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

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

[8] The Agreement lodged contained a typographical error in Schedule A6. On 22 January 2020, the Applicant filed a request to have the Agreement corrected pursuant to s.586 of the Act. The Applicant also filed an amended copy of the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Transport Workers’ Union of Australia (the TWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 TWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.4.5 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 10 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Scott's Refrigerated Freightways Pty Limited, trading as Scott's Refrigerated Freightways Pty Limited, applied to the Fair Work Commission for approval of the Scott’s Refrigerated Freightways Pty Limited Queensland Drivers (Linehaul and Local) Enterprise Agreement 2019. The application was brought under the Fair Work Act 2009, where the applicant sought to have the agreement registered as a modern award. The dispute arose from the negotiation process and the content of the proposed agreement, which was to govern the employment terms and conditions of linehaul and local drivers employed by the company in Queensland.

The primary legal issues before the commission involved whether the proposed agreement was a genuine enterprise agreement, if it complied with the requirements of the Fair Work Act 2009, and whether the agreement was made in good faith and contained the necessary minimum terms and conditions. Additionally, the commission had to consider the fairness and reasonableness of the proposed agreement, including the impact on the bargaining power of the parties and the broader workforce.

In delivering its decision, the Fair Work Commission found that the application for approval of the enterprise agreement was successful. The commission concluded that the agreement was a genuine enterprise agreement, had been made in good faith, and complied with the statutory requirements. It also considered the provisions of the agreement to be fair and reasonable, taking into account the specific circumstances of the workforce and the bargaining process. The commission noted the importance of maintaining fair and equitable terms and conditions for employees in the transport industry and found that the proposed agreement achieved this objective. Consequently, the application for approval was granted, and the Scott’s Refrigerated Freightways Pty Limited Queensland Drivers (Linehaul and Local) Enterprise Agreement 2019 was registered as a modern award.

The final orders of the commission included the registration of the enterprise agreement as a modern award and the application of the agreement to the employees covered by it, effective from the date of registration. The decision confirmed the validity of the agreement and provided clarity for the parties involved in relation to the employment terms and conditions.

Scott's Refrigerated Freightways Pty Limited T/A 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