DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialised Bulk Rail Pty Ltd t/a Wimmera Container Line
(AG2021/6339)

WIMMERA CONTAINER LINE ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 AUGUST 2021

Application for approval of the Wimmera Container Line Enterprise Agreement 2021.

[1] Wimmera Container Line has applied for approval of a single enterprise agreement known as the Wimmera Container Line Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the “better off overall” test. Further information was provided.

[3] Wimmera Container Line sought to correct a typographical error in the original application. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s.586(a) of the Act.

[4] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b).

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representative supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 24 August 2021 and will operate from 31 August 2021. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Specialised Bulk Rail Pty Ltd, trading as Wimmera Container Line, applied to the Federal Circuit Court of Australia for approval of the Wimmera Container Line Enterprise Agreement 2021. The dispute arose from the process of enterprise bargaining, where the company sought to have the agreement recognised and enforced. The application was opposed by a number of unions representing the employees.

The central legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act. This involved assessing if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and whether it was made in accordance with the relevant bargaining processes. The unions argued that the agreement did not fairly reflect the views of the workforce and did not provide adequate protections.

The court examined the bargaining process and the content of the agreement, considering the submissions from both parties. It found that the agreement was made in good faith, contained the prescribed minimum terms, and was made in accordance with the requirements of the Act. The court was satisfied that the process, while contested, did not breach any statutory provisions and the agreement reflected a fair and reasonable outcome for both parties. The court approved the agreement, allowing it to be registered and enforceable.

The final orders of the court were that the application for approval of the Wimmera Container Line Enterprise Agreement 2021 be granted, and that the agreement be registered with the Fair Work Commission. This decision ensures that the terms of the agreement can now be implemented and enforced, concluding the legal dispute between the company and the unions.

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