DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIRVA Pty Ltd T/A Allied Pickfords
(AG2016/748)

ALLIED PICKFORDS NATIONAL ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the ALLIED PICKFORDS NATIONAL ENTERPRISE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the ALLIED PICKFORDS NATIONAL ENTERPRISE AGREEMENT 2015 (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 3 June 2016. The nominal expiry date of the Agreement is 30 September 2018.

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 2015. The application arose from negotiations between the employer and the relevant employee unions, aiming to establish the terms and conditions of employment for the workers involved. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal standards and if it should be approved.

The central legal issues the court had to address included whether the agreement was genuinely negotiated between the employer and the employees' representatives, if it complied with the relevant provisions of the Fair Work Act 2009, and if it provided fair and reasonable terms for the employees. Additionally, the court considered whether the agreement contained appropriate dispute resolution mechanisms and if it adhered to the principles of good faith bargaining.

The Fair Work Commission examined the evidence and submissions presented by both parties and concluded that the agreement was genuinely negotiated and met the statutory requirements. The court found that the terms of the agreement were fair and reasonable, providing adequate protections for the employees. The court also determined that the agreement included appropriate dispute resolution mechanisms and that the principles of good faith bargaining had been observed throughout the negotiation process. As a result, the court approved the application and the Allied Pickfords National Enterprise Agreement 2015 was accepted as a registered agreement under the Fair Work Act 2009.

No further orders were made by the court. The approval of the agreement means that it will now govern the employment terms and conditions of the relevant workers, providing a legally binding framework for their working relationship with the employer.

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