DECISION

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

Scott's Transport Industries Pty Ltd
(AG2015/6822)

SCOTT'S TRANSPORT INDUSTRIES PTY LTD GILLMAN ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 2 FEBRUARY 2016

Application by Scott's Transport Industries Pty Ltd Application for approval of the Scott's Gillman Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Scott’s Transport Industries Pty Ltd Gillman Enterprise Agreement 2015 (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] Whilst the Agreement was being reviewed by the Commission, an employee proposed to be bound by the Agreement lodged a dispute notification (B2015/1707) raising a number of concerns relating to the agreement making process and the BOOT test. As a result, this application and the dispute was listed for hearing in Adelaide on 14 January 2016 for submissions on the matters raised in so far as they were relevant to the Agreement approval requirements.

[3] The only matter outstanding at the conclusion of the hearing was the method of payment for personal leave and its interaction with the National Employment Standards (NES). The employer has implemented the 38 hour week based on the working of 8 ordinary hours each day and the accrual of 0.4 hours per day towards a rostered day off. I am advised when an employee takes a day’s personal leave they are paid for 7.6 hours and continue to receive the 0.4 hour accrual. On that basis I am satisfied that the requirement of s.55 of the Fair Work Act (in so far as the Agreement is not detrimental to the NES) is met.

[4] Based on the information before me 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.

[5] The Transport Workers Union of Australia SA/NT Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2016. The nominal expiry date of the Agreement is 8 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

Scott's Transport Industries Pty Ltd applied to the Fair Work Commission for approval of the Scott's Gillman Enterprise Agreement 2015. The matter involved the review of the enterprise agreement to ensure compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including its fairness and compliance with the statutory requirements.

The central legal issues before the Commission were whether the agreement provided for minimum terms and conditions, including minimum wages, leave entitlements, and other employment standards, and whether the bargaining process was conducted fairly and in good faith. Additionally, the Commission had to consider whether the agreement was made in the spirit of the Act and whether it provided for the fair and efficient resolution of workplace disputes.

In reaching its decision, the Fair Work Commission examined the bargaining process and the contents of the agreement. The Commission found that the agreement was the result of genuine negotiations between the employer and the employees' representatives. It also concluded that the agreement provided for minimum terms and conditions and was made in the spirit of the Act. Consequently, the Commission approved the Scott's Gillman Enterprise Agreement 2015, finding it to be compliant with the Fair Work Act 2009.

The Fair Work Commission's final order was the approval of the Scott's Gillman Enterprise Agreement 2015, subject to the terms and conditions outlined in the agreement. The decision underscored the importance of ensuring that enterprise agreements meet statutory requirements and are the result of fair and genuine negotiations.

Scott's Transport Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established