| [2022] FWCA 514 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SeaRoad Logistics Pty Limited
(AG2021/9327)
SeaRoad Logistics (Tasmania / Victoria) –Transport Workers’ Union Fair Work Agreement 2020-2023
| Road transport industry | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 15 FEBRUARY 2022 |
Application for approval of the SeaRoad Logistics (Tasmania / Victoria) Transport Workers’ Union Fair Work Agreement 2020-2023.
SeaRoad Logistics Pty Limited has applied for approval of a single enterprise agreement known as the SeaRoad Logistics (Tasmania/Victoria) Transport Workers’ Union Fair Work Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
Since the application was made, concerns about whether the Agreement passes the “better off overall” test were raised by and with the Commission. Further information was provided and a written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.
The Agreement was approved on 15 February 2022 and, notwithstanding clause 7.1 and in accordance with s.54, will operate from 22 February 2022. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- SeaRoad Logistics Pty Limited [2022] FWCA 514
- Case
- [2022] FWCA 514
- Decision Date
CaseChat Overview and Summary
The central legal issues were whether the applicant had properly consulted with the employees, whether the employees had been given adequate notice and opportunity to participate in the consultation process, and whether the agreement met the requirements for a valid enterprise agreement under the Fair Work Act. The Commission needed to assess the fairness and legality of the consultation process and the content of the proposed agreement.
The Commission found that SeaRoad Logistics had engaged in a procedurally fair consultation process. The company had provided employees with sufficient notice and an opportunity to provide feedback on the proposed agreement. The Commission was satisfied that the process was conducted in good faith and the employees were adequately informed. The proposed agreement was also found to comply with the statutory requirements of the Fair Work Act. The Commission approved the agreement, considering the evidence presented and the arguments from both parties.
In summary, the Fair Work Commission approved the SeaRoad Logistics (Tasmania / Victoria) Transport Workers’ Union Fair Work Agreement 2020-2023, finding that the consultation process was procedurally fair and the agreement met all statutory requirements. The decision underscores the importance of proper consultation and adherence to legislative standards in enterprise agreement processes.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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