DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIRVA Pty Ltd T/A Allied Pickfords
(AG2017/6266)

ALLIED PICKFORDS WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 14 MAY 2018

Application for approval of the Allied Pickfords Western Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pickfords Western Australia Enterprise Agreement 2017 (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 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 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 of the Act, will operate from 21 May 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved SIRVA Pty Ltd, trading as Allied Pickfords, which sought approval of the Allied Pickfords Western Australia Enterprise Agreement 2017. The dispute centred on the procedural fairness of the bargaining process and the content of the proposed agreement. The Commission was tasked with ensuring that the agreement was fairly negotiated and met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was genuinely negotiated between the employer and the employees' representatives, and whether it contained all the mandated terms and conditions as prescribed by the Act. Additionally, the Commission had to consider if the process followed in negotiating and finalising the agreement was procedurally fair and transparent. The employer argued that the agreement reflected the outcomes of genuine bargaining and was in the best interests of the employees, while the employee representatives raised concerns about the fairness of the process and certain provisions within the agreement.

The Commission examined the evidence provided by both parties and assessed the negotiation process, including the communications, meetings, and submissions made by the parties. It was found that the process was largely procedurally fair, with both parties engaging in genuine negotiations. However, the Commission identified some procedural shortcomings in the initial stages of bargaining. Despite these concerns, the Commission concluded that the overall process was sufficiently fair, and the agreement reflected the outcomes of genuine negotiations. Furthermore, the Commission determined that the proposed agreement met the statutory requirements and contained all the mandated terms and conditions. Therefore, the application for approval of the Allied Pickfords Western Australia Enterprise Agreement 2017 was approved.

The Fair Work Commission granted approval of the Allied Pickfords Western Australia Enterprise Agreement 2017, subject to certain modifications to address the identified procedural concerns. The modifications included clarifying the roles and responsibilities of the bargaining agents and ensuring that future negotiations were conducted in a more transparent and structured manner. The Commission emphasised the importance of adhering to the statutory requirements and ensuring genuine negotiations in future bargaining processes.

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