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

[2014] FWCA 3693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott’s Refrigerated Freightways (SA) Pty Limited; Scott’s Refrigerated Freightways Services (SA) Pty Ltd
(AG2014/5868)

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

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Scotts Refrigerated Freightways (SA) Pty Ltd and Scotts Refrigerated Freightways Services (SA) 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 (SA) Pty Limited and Scott’s Refrigerated Freightways Services (SA) 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 (SA) 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

Scott's Refrigerated Freightways (SA) Pty Limited and Scott's Refrigerated Freightways Services (SA) Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The primary issue was whether the agreement complied with the legislative framework, specifically focusing on whether it met the "better off overall test" and if it included all the mandatory terms as required by the Act.

The Commission found that the agreement was compliant with the legislative requirements. It met the better off overall test, ensuring that employees would be no worse off and at least some would be better off financially. Furthermore, the agreement incorporated all mandatory terms, including minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission noted that the agreement also provided for procedural fairness in the workplace, addressing various employee rights and employer obligations. Consequently, the Fair Work Commission approved the Enterprise Agreement 2014.

In summary, the Fair Work Commission approved the Enterprise Agreement 2014 between Scott's Refrigerated Freightways (SA) Pty Limited and Scott's Refrigerated Freightways Services (SA) Pty Ltd, finding it to be compliant with the Fair Work Act 2009. The agreement was deemed to meet the better off overall test and included all mandatory terms required by the Act. The decision confirmed the agreement's validity and its ability to regulate the employment relationship between the parties effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established