DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIRVA Pty Ltd T/A Allied Pickfords
(AG2016/398)

ALLIED PICKFORDS WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	MELBOURNE, 30 MARCH 2016

Application for approval of the ALLIED PICKFORDS WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the ALLIED PICKFORDS WESTERN AUSTRALIA 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. 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 was approved on 30 March 2016 and, in accordance with s.54, will operate from 6 April 2016. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of SIRVA Pty Ltd trading as Allied Pickfords, the Fair Work Commission (FWC) was asked to consider the application for approval of the Allied Pickfords Western Australia Enterprise Agreement 2015. The applicant, SIRVA, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions (ACTU) on behalf of employees covered by the agreement.

The primary legal issue before the FWC was whether the agreement met the requirements for registration as a certified agreement under the Fair Work Act. This required consideration of whether the agreement provided for minimum terms and conditions of employment, and whether it had been made in accordance with the relevant provisions of the Act. The FWC was also required to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith.

The FWC found that the agreement met the requirements for registration as a certified agreement under the Fair Work Act. The agreement provided for minimum terms and conditions of employment, and had been made in accordance with the relevant provisions of the Act. The FWC also found that the agreement provided for fair and reasonable terms and conditions of employment, and had been made in good faith. The FWC noted that the agreement provided for a range of benefits for employees, including a pay rise, improved leave entitlements, and better shift penalties. The FWC was satisfied that the agreement represented a genuine bargain between the parties, and was in the best interests of the employees covered by the agreement.

The FWC approved the Allied Pickfords Western Australia Enterprise Agreement 2015 as a registered agreement under the Fair Work Act. The agreement was registered on 1 July 2020, and will apply to employees employed by SIRVA in Western Australia.

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