Sunstate Charters Pty Ltd T/A Sunstate Charters

[2013] FWCA 4339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sunstate Charters Pty Ltd T/A Sunstate Charters
(AG2013/6874)

SUNSTATE CHARTERS PTY LTD - QUEENSLAND ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 3 JULY 2013

Application for approval of the Sunstate Charters Pty Ltd - Queensland Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Charters Pty Ltd - Queensland Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] 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 (TWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and will operate from 10 July 2013. The nominal expiry date of the Agreement is 9 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sunstate Charters Pty Ltd, trading as Sunstate Charters, sought approval of the Queensland Enterprise Agreement 2013. The Fair Work Commission heard the application. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was appropriately certified and if it contained the necessary minimum terms and conditions for a fair and effective workplace.

The legal issues before the court were whether the agreement was certified by an independent certifier, as required by the Fair Work Act, and whether it contained all the mandated minimum terms and conditions. Additionally, the court had to consider if the agreement was made in good faith and if it provided for a proper dispute resolution process.

The court examined the certification process and found that the agreement was indeed certified by an independent certifier, fulfilling the statutory requirement. It was also determined that the agreement contained all the necessary minimum terms and conditions, including provisions for wages, hours of work, and other workplace standards. Furthermore, the court concluded that the agreement was made in good faith and provided for an appropriate dispute resolution mechanism. Based on these findings, the court approved the Sunstate Charters Pty Ltd - Queensland Enterprise Agreement 2013.

The court issued its approval of the Sunstate Charters Pty Ltd - Queensland Enterprise Agreement 2013, recognising it as a valid and effective enterprise agreement under the Fair Work Act 2009. This decision ensures that the agreement will govern the terms and conditions of employment for the employees covered by the agreement, providing a stable and fair workplace for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established