SouthLink Pty Ltd

[2016] FWCA 2181

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SouthLink Pty Ltd

(AG2016/629)

THE SOUTHLINK OPERATIONS 2016 ENTERPRISE AGREEMENT

Passenger vehicle transport (non rail) industry

COMMISSIONER HAMPTON

ADELAIDE, 6 APRIL 2016

Application for approval of the SouthLink Operations 2016 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the

SouthLink Operations 2016 Enterprise Agreement (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SouthLink Pty Ltd. The

Agreement is a single-enterprise agreement.

[2] On 5 April 2016, I conducted a telephone conference of the parties to seek

clarification about aspects of the Agreement.

The employer subsequently provided further clarification of the parties’ intentions and

proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the

undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term

of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

13 April 2016. The nominal expiry date of the Agreement is 5 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission in SouthLink Pty Ltd involved an application by SouthLink Pty Ltd for the approval of the SouthLink Operations 2016 Enterprise Agreement (the Agreement). This single-enterprise agreement was proposed to regulate the terms and conditions of employment within the passenger vehicle transport (non-rail) industry. The application was brought under section 185 of the Fair Work Act 2009, which mandates the Commission's role in approving such agreements.

The central legal issues the Commission needed to resolve were whether the Agreement met the statutory requirements under the Fair Work Act, including whether it was fairly negotiated, adhered to the prescribed bargaining processes, and provided adequate protections for the employees involved. Additionally, the Commission had to ensure that the Agreement did not contravene any minimum employment standards set out in the Act.

Upon conducting a telephone conference and receiving further clarifications from SouthLink Pty Ltd, Commissioner Hampton accepted formal written undertakings from the employer which were appended to the Agreement. These undertakings were considered in the context of the bargaining representatives' views and were subsequently accepted as terms of the Agreement. The Commissioner found that the Agreement was appropriately negotiated and did not fall short of the minimum standards required by the Fair Work Act. Consequently, the Agreement was approved and set to operate from 13 April 2016, with a nominal expiry date of 5 April 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established