South Coast Equipment Pty Limited Summary

[2022] FWCA 191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Coast Equipment Pty Limited

(AG2021/9223)

SOUTH COAST EQUIPMENT PTY LIMITED TWU ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER P RYAN	SYDNEY, 24 JANUARY 2022

Application for approval of the South Coast Equipment Pty Limited TWU Enterprise Agreement 2021

South Coast Equipment Pty Limited has made an application for approval of an enterprise agreement known as the South Coast Equipment Pty Limited TWU Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

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

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183

The Transport Workers Union (TWU) 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 TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2022. The nominal expiry date of the Agreement is 16 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, South Coast Equipment Pty Limited sought approval of their TWU Enterprise Agreement 2021, which was intended to cover the employment terms and conditions of their employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legal requirements for approval.

The central legal issues before the court were whether the agreement was fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act 2009. This included considering whether the agreement was negotiated in good faith, whether it provided for the appropriate minimum entitlements for employees, and whether it allowed for the fair resolution of disputes. Additionally, the court had to assess whether the agreement complied with the requirements of the TWU's enterprise bargaining powers.

The Fair Work Commission found that the agreement was fair and reasonable, and it complied with all the necessary legal requirements for approval. The commission was satisfied that the agreement was negotiated in good faith and provided for the appropriate minimum entitlements for employees. Furthermore, the commission noted that the agreement contained provisions that facilitated the fair resolution of disputes and complied with the TWU's enterprise bargaining powers. Consequently, the commission approved the South Coast Equipment Pty Limited TWU Enterprise Agreement 2021.

In light of the findings, the Fair Work Commission approved the application and granted the necessary approval for the enterprise agreement to come into effect. The decision of the commission is final and binding, and it will govern the employment terms and conditions of the employees covered by the agreement.

South Coast Equipment Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established