Sirva Pty Ltd T/A Allied Moving Services Summary

[2022] FWCA 3568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sirva Pty Ltd T/A Allied Moving Services

(AG2022/3789)

ALLIED MOVING SERVICES NATIONAL ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER O'NEILL	MELBOURNE, 13 OCTOBER 2022

Application for approval of the ALLIED MOVING SERVICES NATIONAL ENTERPRISE AGREEMENT 2021

Sirva Pty Ltd has applied for approval of an enterprise agreement known as the ALLIED MOVING SERVICES NATIONAL ENTERPRISE AGREEMENT 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I observe that clause 22.4 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 32 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Sirva Pty Ltd trading as Allied Moving Services, the Fair Work Commission was tasked with approving the Allied Moving Services National Enterprise Agreement 2021. The dispute centered around the fairness and suitability of the proposed terms and conditions for employees within the company. The application was brought forward by the employer, Sirva Pty Ltd, seeking the Commission's approval to implement the new agreement which aimed to govern the employment conditions for the workers in the moving services sector.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements for enterprise agreements under the Fair Work Act 2009. This involved an assessment of whether the agreement contained all the necessary provisions, was free from prohibited content, and did not unfairly discriminate against any group of employees. Additionally, the Commission had to consider if the agreement was made in good faith and whether it met the preconditions for coverage, including the provision of a 'no disadvantage test' to ensure employees were not worse off under the new agreement.

The Commission, after thorough examination, found that the agreement was compliant with the statutory requirements. It noted that the agreement contained all the necessary provisions and was free from prohibited content. The Commission also confirmed that the agreement was made in good faith and that it met the preconditions for coverage. The 'no disadvantage test' was satisfied, as employees were not worse off under the new terms. Consequently, the Commission approved the application, allowing the new agreement to take effect. This decision ensures that the employees of Sirva Pty Ltd will be governed by the terms and conditions outlined in the Allied Moving Services National Enterprise Agreement 2021, effective from the date of approval.

Sirva Pty Ltd T/A Allied Moving Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established