SIRVA Pty Ltd T/A Allied Pickfords

[2013] FWCA 731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIRVA Pty Ltd T/A Allied Pickfords
(AG2013/4237)

ALLIED PICKFORDS WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 FEBRUARY 2013

Application for approval of the Allied Pickfords Western Australia Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pickfords Western Australia Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SIRVA Pty Ltd, trading as Allied Pickfords, sought approval of the Allied Pickfords Western Australia Enterprise Agreement 2012. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on the validity of the agreement, specifically whether it had been fairly negotiated and whether it complied with the legislative provisions.

The key legal issues the Commission had to address were whether the agreement was genuinely negotiated between the employer and the employees, and whether the agreement contained all the mandatory terms required by the Act. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' general conditions of employment unjustifiably and that it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement had been fairly negotiated and contained all the mandatory terms required by the Act. The Commission noted that the negotiation process was transparent and involved meaningful consultation between the parties. It also found that the agreement did not unjustifiably adversely affect the general conditions of employment of the employees and provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the Allied Pickfords Western Australia Enterprise Agreement 2012.

The Commission's approval of the agreement was a significant outcome for both the employer and the employees, as it provided a legally binding framework for their employment relationship. The approval ensured that the agreement complied with the requirements of the Fair Work Act 2009 and that it was a fair and reasonable outcome for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established