DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialised Bulk Rail Pty Ltd T/A Wimmera Container Line
(AG2018/2628)

WIMMERA CONTAINER LINE ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 OCTOBER 2018

Application for approval of the Wimmera Container Line Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wimmera Container Line Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialised Bulk Rail Pty Ltd T/A Wimmera Container Line. The Agreement is a single enterprise agreement.

[2] The Employer 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 Agreement was approved on 30 October 2018 and, in accordance with s.54, will operate from 6 November 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Specialised Bulk Rail Pty Ltd, trading as Wimmera Container Line, applied for approval of the Wimmera Container Line Enterprise Agreement 2018. The Fair Work Commission heard the application, with the dispute centred on the terms and conditions of employment within the company. The primary contention was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues revolved around the fairness and compliance of the agreement with the statutory provisions of the Fair Work Act. The Commission examined whether the agreement provided for appropriate minimum wages, entitlements, leave provisions, and other employment conditions. A significant aspect of the inquiry was whether the agreement adequately balanced the interests of both the employer and the employees.

The Commission found that the agreement was fair and compliant with the relevant statutory provisions. The proposed agreement included provisions that met or exceeded the minimum standards set by the Fair Work Act, such as appropriate wage rates, leave entitlements, and other employment conditions. The Commission concluded that the agreement was made in good faith and was therefore eligible for approval. Consequently, the Commission approved the Wimmera Container Line Enterprise Agreement 2018.

Specialised Bulk Rail Pty Ltd T/A Wimmera Container Line

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established