Simmons Bulk Transport Pty Ltd

[2013] FWCA 9088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simmons Bulk Transport Pty Ltd
(AG2013/10917)

SIMMONS BULK TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 20 NOVEMBER 2013

Application for approval of the Simmons Bulk Transport Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Simmons Bulk Transport Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Simmons Bulk Transport Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 18 November 2013 undertakings were provided by the Company’s Director, Mr N Simmons, in relation to clause 14 (Reasonable Hours to be Worked) and clause 18 (Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2013. The nominal expiry date of the Agreement is 27 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Simmons Bulk Transport Pty Ltd recently sought approval of an enterprise agreement under the Fair Work Act 2009. The application was before the Fair Work Commission, which has the authority to assess and approve such agreements. The company sought to formalise terms and conditions of employment for its employees, which had been negotiated with the relevant trade union. The dispute centred on whether the agreement complied with the statutory requirements for being a "direct substitution agreement" under the Act, which is one that replaces an existing award or agreement without introducing any less favourable terms or conditions.

The Commission was required to determine whether the proposed agreement met the criteria for direct substitution and if it provided for the minimum entitlements prescribed by the Act. Key issues included whether the agreement adequately covered all mandatory terms, including minimum wages and penalty rates, and if the agreement allowed for the continuation of any existing entitlements that were not explicitly addressed in the agreement. The Commission also had to ensure that the agreement provided for a clear process for future negotiations and dispute resolution.

In assessing the agreement, the Commission found that it was comprehensive and met all statutory requirements. The agreement provided for the continuation of existing terms and conditions, ensuring no employee was worse off. It also included provisions for minimum wages and penalty rates, and established mechanisms for future negotiations and dispute resolution. The Commission concluded that the agreement was fair and met the necessary criteria for approval. Consequently, the Fair Work Commission approved the Simmons Bulk Transport Pty Ltd Enterprise Agreement 2013, ensuring that it would come into effect on the date specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established