Scott’s Transport Industries Pty Ltd Summary

[2013] FWCA 4908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott’s Transport Industries Pty Ltd
(AG2013/1888)

SCOTT’S TASCO BULK TANKER OPERATIONS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 22 JULY 2013

Application for approval of the Scott’s Tasco Tanker Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Scott’s Tasco Tanker Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scott’s Transport Industries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2013. The nominal expiry date will be 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scott’s Transport Industries Pty Ltd (the employer) applied to the Fair Work Commission for approval of the Scott’s Tasco Tanker Operations Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009. The Fair Work Commission (the Commission) was required to determine whether the agreement was suitable for registration under section 230 of the Act. The dispute involved the classification and pay rates of employees within the enterprise agreement, which the Commission needed to assess for compliance with the Fair Work Act.

The Commission considered several legal issues, including whether the agreement met the requirements for good faith bargaining and whether it contained all the necessary terms and conditions of employment. The employer argued that the agreement was the product of good faith bargaining and adequately covered all necessary terms. The Commission examined the process of negotiation, the content of the agreement, and whether the agreement provided adequate protections and entitlements to employees. It also considered whether the agreement met the standards of procedural fairness and whether the process of consultation was adequate.

The Commission found that the agreement was the product of good faith bargaining and contained all the necessary terms and conditions of employment. It was satisfied that the employer had consulted with the employees and their representatives in an appropriate manner. The Commission also noted that the agreement provided adequate protections and entitlements to employees and met the standards of procedural fairness. The Commission approved the agreement, finding that it was suitable for registration under the Fair Work Act.

The Fair Work Commission approved the Scott’s Tasco Tanker Operations Enterprise Agreement 2013, finding it suitable for registration under the Fair Work Act. The employer may now proceed to register the agreement with the Commission, which will then become a registered agreement binding on the parties involved. This decision provides clarity for the employer and employees regarding the terms and conditions of employment within the enterprise, ensuring compliance with the legislative requirements.

Scott’s Transport Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established