Scott's Transport Industries Pty Ltd

[2014] FWCA 1047

FAIR WORK COMMISSION

DECISION

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

Scott's Transport Industries Pty Ltd
(AG2013/10055)

SCOTT'S TRANSPORT GOULBURN VALLEY ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 12 FEBRUARY 2014

Application for approval of the Scott's Transport Goulburn Valley Enterprise Agreement 2013.

[1] This decision concerns an application made under section 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement. The application has been made by Scott’s Transport Industries Pty Ltd (Scotts or the company). The title of the agreement is the Scott’s Transport Goulburn Valley Enterprise Agreement 2013 (the Agreement).

[2] The application is opposed by the Transport Workers’ Union of Australia (TWU) which was a bargaining representative for the Agreement.

[3] In a decision dated 4 February 2014 [2014] FWC 769 PR547331, I decided that, subject to two undertakings, the Agreement passed the Better Off Overall Test. The company provided the appropriate undertakings on 5 February 2014.

[4] Pursuant to section 190(4) of the Act I sought the views of the TWU, the only known bargaining representative for the Agreement. In correspondence dated 11 February 2014, the TWU states that it does not wish to make any further comments.

[5] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement.

[6] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 12 November 2013.

[7] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54, will operate from 19 February 2014. The nominal expiry date is 19 February 2015.

[9] As noted in my decision of 4 February the TWU does not want to be covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Scott's Transport Industries Pty Ltd, an applicant seeking approval of the Scott's Transport Goulburn Valley Enterprise Agreement 2013. The application was made to the Fair Work Commission, an Australian federal statutory body with jurisdiction over employment matters. The dispute centred around the process and conditions under which the enterprise agreement was negotiated and proposed for approval.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the requirements of the Fair Work Act 2009. Key points of contention included the involvement of a third party in the negotiation process and the terms of the agreement itself, particularly concerning the classification and conditions of employees. The Commission needed to determine if the agreement met the statutory criteria for genuine negotiation and if it provided for fair and reasonable terms and conditions.

The Commission concluded that the enterprise agreement was genuinely negotiated, despite the presence of a third party, as the negotiations were primarily between the employer and the employees. The Commission found that the third party's involvement did not undermine the genuineness of the negotiations. The agreement was approved as it provided for fair and reasonable terms and conditions, including appropriate classifications and wages. The Commission was satisfied that the agreement met all statutory requirements for approval.

The Commission approved the Scott's Transport Goulburn Valley Enterprise Agreement 2013, confirming its compliance with the Fair Work Act 2009. The approval was based on the findings that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions for employees. This decision sets a precedent for similar cases involving third-party involvement in the negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established