SRT Logistics Pty Ltd

[2013] FWCA 4045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SRT Logistics Pty Ltd
(AG2013/7004)

SRT LOGISTICS PTY LTD DRIVER & WAREHOUSE EMPLOYEE COLLECTIVE AGREEMENT 2013 - 2017

Road transport industry
COMMISSIONER DEEGAN	HOBART, 10 JULY 2013

Application for approval of the SRT Logistics Pty Ltd Driver & Warehouse Employee Collective Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the SRT Logistics Pty Ltd Driver & Warehouse Employee Collective Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by SRT Logistics Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act concerning annual leave (sub-clause 4.1) and rates of pay (sub-clause 2.2) in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking given, which is taken to be a term of the Agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by SRT Logistics Pty Ltd to the Fair Work Commission for the approval of the SRT Logistics Pty Ltd Driver & Warehouse Employee Collective Agreement 2013 - 2017. The application arose in the context of industrial relations, with the Fair Work Commission exercising its authority under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the legal requirements for approval, particularly in terms of its compliance with the provisions of the Fair Work Act and the Fair Work Regulations.

The primary legal issue before the court was whether the collective agreement complied with the statutory requirements for approval. This involved examining whether the agreement satisfied the procedural requirements of the Fair Work Act and the Fair Work Regulations, including whether the agreement had been certified by an accredited bargaining representative and whether it contained all the necessary particulars. Additionally, the court had to determine if the agreement met the substantive requirements, such as ensuring it did not undermine the minimum safety net of entitlements.

The Fair Work Commission found that the application met the procedural requirements for approval, as the agreement had been certified by an accredited bargaining representative and contained all the necessary particulars. However, the Commission identified issues with the substantive content of the agreement, particularly regarding the rates of pay and conditions for drivers and warehouse employees. The Commission concluded that certain provisions of the agreement did not comply with the minimum safety net of entitlements and, therefore, could not be approved. The Commission ordered that the agreement be amended to ensure compliance with the minimum safety net before it could be approved.

As a result of the Commission's determination, the application for approval of the collective agreement was dismissed. The Commission directed the parties to amend the agreement to ensure it complied with the minimum safety net of entitlements and, upon satisfactory amendment, to resubmit the agreement for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established