SeaRoad Logistics Pty Ltd

[2024] FWCA 2329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SeaRoad Logistics Pty Ltd

(AG2024/1953)

SEAROAD LOGISTICS (TASMANIA / VICTORIA) –TRANSPORT WORKERS’ UNION FAIR WORK AGREEMENT 2023-2026

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 21 JUNE 2024

Application for approval of the SeaRoad Logistics (Tasmania / Victoria) –Transport Workers’ Union Fair Work Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the SeaRoad Logistics (Tasmania / Victoria) –Transport Workers’ Union Fair Work Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SeaRoad Logistics Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.

The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 28 June 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves SeaRoad Logistics Pty Ltd and the Transport Workers’ Union, which sought approval for a Fair Work Agreement from 2023 to 2026. The Fair Work Commission heard the application, which aimed to establish the terms and conditions of employment for the union members. The court was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the requirements set out in the Fair Work Act. Specifically, the court needed to assess whether the agreement was made in good faith, contained appropriate provisions for minimum terms and conditions, and did not include terms that would have an adverse effect on the national system of industrial relations. The court also examined whether the agreement provided for proper dispute resolution mechanisms and whether it adhered to the prescribed process for approval.

The court examined the provisions of the agreement and found that it met all the necessary legal criteria. The agreement was made in good faith and contained provisions for minimum terms and conditions. The court was satisfied that the agreement did not include terms that would negatively impact the national system of industrial relations. Additionally, the agreement provided for appropriate dispute resolution mechanisms and followed the prescribed approval process. Consequently, the court approved the SeaRoad Logistics (Tasmania / Victoria) –Transport Workers’ Union Fair Work Agreement 2023-2026.

The Fair Work Commission approved the agreement, which will govern the terms and conditions of employment for the union members from 2023 to 2026. The decision ensures that the agreement meets the legal standards required for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established