DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott’s Refrigerated Freightways Pty Ltd T/A Scott’s Refrigerated Freightways
(AG2019/1873)

SCOTT’S REFRIGERATED FREIGHTWAYS PTY LTD (VICTORIA BRANCH) ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2019

Application for approval of the Scott’s Refrigerated Freightways Pty Ltd (Victoria Branch) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Scott’s Refrigerated Freightways Pty Ltd (Victoria Branch) Enterprise Agreement 2018 (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 Ltd T/A Scott’s Refrigerated Freightways. The Agreement is a single enterprise agreement.

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

[3] The Transport Workers Union (TWU) and the National Union of Workers (NUW) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scott’s Refrigerated Freightways Pty Ltd (Victoria Branch) sought approval of the Scott’s Refrigerated Freightways Pty Ltd (Victoria Branch) Enterprise Agreement 2018 from the Fair Work Commission. The applicants argued that the agreement complied with the relevant legislative requirements and should be approved, while the respondents contended that the agreement should not be approved as it did not meet certain statutory standards.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on the provisions concerning the negotiation, content, and approval of the agreement. The Commission had to determine if the agreement was made in good faith, if it was appropriately negotiated, and if it complied with the procedural fairness and other legislative criteria.

The Commission found that the agreement was made in good faith and was the product of appropriate negotiation. It was also satisfied that the agreement complied with the legislative requirements for content and procedural fairness. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the negotiation process was conducted in accordance with the Act. As a result, the Commission approved the Scott’s Refrigerated Freightways Pty Ltd (Victoria Branch) Enterprise Agreement 2018, confirming its compliance with all relevant statutory provisions.

The Fair Work Commission approved the Scott’s Refrigerated Freightways Pty Ltd (Victoria Branch) Enterprise Agreement 2018, finding it to be compliant with the Fair Work Act 2009. The Commission's decision was based on the evidence presented that the agreement was made in good faith, was the product of appropriate negotiation, and met all legislative requirements for content and procedural fairness. The approval allows the agreement to be formally registered, providing certainty and stability to the parties involved.

Scott’s Refrigerated Freightways Pty Ltd T/A Scott’s Refrigerated Freightways

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established