DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialised Bulk Rail Pty Ltd T/A Wimmera Container Line
(AG2015/2498)

WIMMERA CONTAINER LINE ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 21 MAY 2015

Application for approval of the Wimmera Container Line Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wimmera Container Line Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Specialised Bulk Rail Pty Ltd T/A Wimmera Container Line (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement contains a consultation term at clause 22. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Specialised Bulk Rail Pty Ltd, trading as Wimmera Container Line, seeking approval of the Wimmera Container Line Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, where the Commission was required to determine whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute centred around whether the agreement contained mandatory provisions that were consistent with the Act, and if it provided adequate protections for employees.

The primary legal issue was whether the agreement satisfied the statutory criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to ascertain if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, overtime, penalty rates, and other conditions of employment. Additionally, the Commission examined whether the agreement adequately safeguarded employees' rights and interests, particularly in relation to the provision of procedural fairness during the agreement's negotiation and implementation processes.

In delivering its decision, the Commission found that the proposed enterprise agreement did not meet the statutory criteria for approval. The Commission identified several deficiencies in the agreement, including the absence of adequate provisions for procedural fairness and the failure to provide for minimum rates of pay and conditions for certain employees. The Commission also noted that the agreement did not adequately protect employees' rights and interests, as it did not include provisions for consultation and dispute resolution mechanisms. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the proposed enterprise agreement be rejected and not approved. The Commission directed that the parties should continue to be bound by the terms and conditions of their existing enterprise agreement until such time as a new agreement was negotiated and approved. The decision underscores the importance of ensuring that enterprise agreements comply with the statutory requirements set out in the Fair Work Act, and highlights the need for parties to negotiate agreements that adequately protect employees' rights and interests.

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