DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serin Towing & Recovery Pty Ltd
(AG2018/461)

SERIN TOWING & RECOVERY PTY LTD ENTERPRISE AGREEMENT 2018-2022

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Serin Towing & Recovery Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Serin Towing & Recovery Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Serin Towing & Recovery Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Serin Towing & Recovery Pty Ltd, a towing company, sought approval for its enterprise agreement 2018-2022 from the Fair Work Commission. The agreement, which would apply to employees covered by the Road Transport (Towing and Recovery Services) Award 2010, was challenged by the Australian Council of Trade Unions, representing employees, on the grounds that it did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement complied with the provisions of the Act, particularly regarding the mandatory topics of negotiation and the requirement for the agreement to be in writing.

The Commission found that the enterprise agreement was not in writing as required by section 206 of the Act, as it did not provide the employees with a clear and concise statement of the terms and conditions of their employment. The agreement did not address several mandatory topics of negotiation, including leave, pay rates, and penalty rates, which were outlined in the relevant award. Furthermore, the agreement failed to comply with the requirement to provide for a process for the resolution of workplace disputes, as stipulated by section 228 of the Act.

As a result of these findings, the Commission did not approve the enterprise agreement. The Commission noted that the parties had an opportunity to negotiate and finalise a compliant agreement but had not done so. The Commission emphasised the importance of ensuring that enterprise agreements meet the legal requirements set out in the Fair Work Act, particularly in relation to the protection of employees' rights and entitlements. The Commission's decision highlights the need for parties to carefully consider the legal requirements for enterprise agreements and to ensure that they comply with the Act before seeking approval from the Commission.

Serin Towing & Recovery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established