DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIRVA Pty Ltd T/A Allied Pickfords
(AG2018/6365)

ALLIED PICKFORDS NATIONAL ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 13 AUGUST 2019

Application for approval of the ALLIED PICKFORDS NATIONAL ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the ALLIED PICKFORDS NATIONAL ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SIRVA Pty Ltd T/A Allied Pickfords. The Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SIRVA Pty Ltd, trading as Allied Pickfords, applied to the Fair Work Commission for approval of the Allied Pickfords National Enterprise Agreement 2018. The application was made under section 230 of the Fair Work Act 2009. The legal issues the court was required to decide centred on whether the agreement met the criteria for approval as set out in the Act, including whether it provided for the fair and efficient resolution of workplace disputes, whether it was free from coercive conduct, and whether it complied with the prescribed minimum standards.

The court examined the contents of the agreement and the process by which it was negotiated. It considered whether the agreement was in the best interests of the employees, and whether it met the requirements for good faith bargaining and procedural fairness. The court also looked at the impact of the agreement on employees' working conditions, including pay rates, hours of work, and other employment terms.

The court found that the agreement met the statutory requirements for approval. It was satisfied that the agreement provided for the fair and efficient resolution of workplace disputes and was free from coercive conduct. The court also determined that the agreement complied with the prescribed minimum standards and was in the best interests of the employees. The court approved the agreement, finding that it met all the necessary criteria under the Act. The final orders included the approval of the Allied Pickfords National Enterprise Agreement 2018, with certain conditions attached to ensure ongoing compliance with the Act.

SIRVA Pty Ltd T/A Allied Pickfords

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established