Sellars Earthmovers & Transport Pty Ltd

[2013] FWCA 5246

FAIR WORK COMMISSION

DECISION

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

Sellars Earthmovers & Transport Pty Ltd
(AG2013/2127)

SELLARS EARTHMOVERS & TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 AUGUST 2013

Application for approval of the Sellars Earthmovers & Transport Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 29 July 2013 by Sellars Earthmovers & Transport Pty Ltd for the approval of a single-enterprise agreement known as the Sellars Earthmovers & Transport Pty Ltd Enterprise Agreement 2013 (“the 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sellars Earthmovers & Transport Pty Ltd, sought approval for the Enterprise Agreement 2013 before the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees covered by the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement contained the necessary minimum terms, provided for proper consultation, and did not unfairly discriminate against employees.

The legal issues before the Commission included whether the agreement included all the minimum terms required by the Fair Work Act, if there was adequate consultation with the employees, and if the agreement was free from any discriminatory provisions. The Commission also had to consider whether the agreement was made in good faith and whether it complied with procedural fairness. The applicant argued that the agreement had been negotiated in good faith and that all necessary steps had been taken to ensure compliance with the Act.

The Commission found that the agreement contained all the necessary minimum terms and that there had been adequate consultation with the employees. The Commission was satisfied that the agreement was made in good faith and was not discriminatory. It also found that the procedural fairness had been observed in the negotiation and execution of the agreement. Consequently, the Commission approved the Enterprise Agreement 2013.

The Fair Work Commission approved the Enterprise Agreement 2013, finding that it met all the legal requirements under the Fair Work Act 2009. The Commission confirmed that the agreement contained the necessary minimum terms, there had been proper consultation, and the agreement was not discriminatory. The Commission's decision was based on the applicant's demonstration that the agreement was made in good faith and complied with all procedural fairness requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established