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SeaRoad Logistics Pty Ltd

SeaRoad Logistics Pty Ltd

Case [2022] FWCA 511

Collective Bargaining Agreement

Approval of Workplace Agreements

Fair Work Act

Employment & Labour Law

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[2022] FWCA 511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SeaRoad Logistics Pty Ltd

(AG2022/126)

SeaRoad Logistics (Workshop) Fair Work Agreement 2021-2024

Vehicle Industry
COMMISSIONER MCKINNON	SYDNEY, 15 FEBRUARY 2022

Application for approval of the SeaRoad Logistics (Workshop) Fair Work Agreement 2021-2024.

SeaRoad Logistics Pty Ltd has applied for approval of a single enterprise agreement known as the SeaRoad Logistics (Workshop) Fair Work Agreement 2021-2024 (the Agreement).

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 Agreement is approved and will operate from the later of 22 February 2022 or the first full pay period after 15 February 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: SeaRoad Logistics Pty Ltd [2022] FWCA 511
Case: [2022] FWCA 511
Decision Date: 15 FEBRUARY 2022

CaseChat Overview and Summary

In the Fair Work Commission, SeaRoad Logistics Pty Ltd sought approval for a proposed enterprise agreement, titled "SeaRoad Logistics (Workshop) Fair Work Agreement 2021-2024". The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009, specifically in relation to its procedural fairness, and whether it met the requirements for an enterprise agreement under the Act.

The legal issues before the Commission included whether the bargaining process was conducted in good faith, whether the agreement met the minimum standards prescribed by the Act, and whether it contained all the necessary provisions. Additionally, the Commission had to consider whether the agreement adequately protected the rights of employees and was fair and reasonable in all the circumstances.

The Commission found that the bargaining process was conducted in good faith and that the proposed agreement met the minimum standards set by the Act. It was also determined that the agreement contained all the necessary provisions and adequately protected the rights of employees. The Commission concluded that the agreement was fair and reasonable in all the circumstances, and thus approved the application for the agreement. The Commission noted the importance of the agreement in providing certainty and stability to the workplace, and emphasised the need for ongoing consultation and negotiation between the parties to ensure the agreement remained fair and relevant over its term.

Orders