Scott’s Transport Industries Pty Ltd

[2013] FWCA 2004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott’s Transport Industries Pty Ltd
(AG2013/695)

SCOTT’S ADELAIDE TANKER DIVISION - LOCAL OPERATIONS AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 4 APRIL 2013

[1] An application for approval of an enterprise agreement known as the Scott’s Adelaide Tanker Division - Local Operations Agreement 2012 (the Agreement) has been made by Scott’s Transport Industries Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] The Agreement was made on 4 March 2013 and filed on 22 March 2013, 4 days outside the 14 day time limitation prescribed by s.185(3)(a) of the Act. The employer has advised that the delay was occasioned by “the internal processes of the TWU”. 1 In the circumstances I consider that it is fair to extend the time period in accordance with s.185(3)(b) of the Act.

[4] The Transport Workers Union of Australia SA/NT Branch (the TWU) has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the TWU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 11 April 2013. The nominal expiry date of the Agreement is 1 December 2014.

DEPUTY PRESIDENT

1 Correspondence to the Fair Work Commission from the employer dated 22 March 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scott’s Transport Industries Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement titled the Scott’s Adelaide Tanker Division - Local Operations Agreement 2012. The employer sought this approval under section 185 of the Fair Work Act 2009 for a single-enterprise agreement. The dispute centered on whether the agreement met the legal requirements for approval and if it provided fair terms and conditions for the employees involved.

The primary legal issues before the court were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act and whether it ensured the employees' terms and conditions of employment were fair and reasonable. This included examining if the agreement was made in good faith, covered the correct bargaining unit, and did not unfairly discriminate against any employee.

The court examined the agreement's adherence to the statutory requirements, including the good faith test, and scrutinised the process by which the agreement was formed. The court assessed if the agreement provided for fair and reasonable terms and conditions for the employees. Ultimately, the court found that the agreement satisfied all necessary criteria for approval, including the good faith requirement and the absence of unfair discrimination. The court approved the agreement, deeming it to be fair and reasonable, and thus compliant with the provisions of the Fair Work Act.

The Fair Work Commission approved the Scott’s Adelaide Tanker Division - Local Operations Agreement 2012, recognising it as a fair and reasonable agreement under the Fair Work Act. This decision allowed the agreement to proceed, ensuring that the terms and conditions for employees were legally sound and appropriately bargained.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established