Scotts Refrigerated Freightways Pty Ltd

[2016] FWCA 1205

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Scotts Refrigerated Freightways Pty Ltd

(AG2016/284)

SCOTTS REFRIGERATED FREIGHTWAYS PTY LTD (VICTORIA

BRANCH) ENTERPRISE AGREEMENT 2015

Road transport industry

COMMISSIONER ROE

MELBOURNE, 25 FEBRUARY 2016

Application for approval of the Scotts Refrigerated Freightways Pty Ltd (Victoria Branch)

Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Scotts Refrigerated Freightways Pty Ltd (Victoria Branch) Enterprise Agreement 2015 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by Scotts Refrigerated Freightways Pty Ltd. The Agreement is 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. The Agreement does not cover all of

the employees of the employer, however, taking into account the factors in s.186(3) and (3A)

of the Act I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia and the National Union of Workers being

bargaining representatives for the Agreement, have given notice under s.183 of the Act that

they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the

Agreement covers the organisations.
[2016] FWCA 1205

[4] The Agreement was approved on 25 February 2016 and, in accordance with s.54 of the

Act, will operate from 3 March 2016. The nominal expiry date of the Agreement is 30

September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scotts Refrigerated Freightways Pty Ltd has applied for the approval of the Scotts Refrigerated Freightways Pty Ltd (Victoria Branch) Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The Fair Work Commission, represented by Commissioner Roe, heard the application on 25 February 2016. The agreement, although not covering all employees, was deemed to have been fairly chosen, taking into account the relevant sections of the Act. The Transport Workers’ Union of Australia and the National Union of Workers, who are the bargaining representatives for the agreement, have indicated that they wish for the agreement to cover them.

The legal issues the court had to decide on included whether the agreement met the requirements of sections 186, 187, and 188 of the Act, and whether the group of employees covered by the agreement was fairly chosen. The court had to ensure that the agreement was in compliance with the Act and that the bargaining representatives had given notice under section 183 that they wanted the agreement to cover them. Furthermore, the court had to confirm that the agreement covered the relevant organisations as per section 201(2) of the Act.

The court found that all requirements of the Act had been met, and the agreement was approved. The court was satisfied that the group of employees was fairly chosen and that the bargaining representatives had given notice under section 183 that they wanted the agreement to cover them. The agreement was approved on 25 February 2016 and will operate from 3 March 2016, with a nominal expiry date of 30 September 2018.

The Fair Work Commission approved the Scotts Refrigerated Freightways Pty Ltd (Victoria Branch) Enterprise Agreement 2015. The agreement will operate from 3 March 2016 and will expire on 30 September 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established