Temples (WA) Pty Ltd

[2014] FWCA 7429

FAIR WORK COMMISSION

DECISION

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

Temples (WA) Pty Ltd
(AG2014/9316)

TEMPLES (WA) PTY LTD TRANSPORT WORKERS CERTIFIED AGREEMENT (BULKFEED & BIOSOLIDS) 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 23 OCTOBER 2014

Application for approval of the Temples (WA) Pty Ltd. Transport Workers Certified Agreement (Bulkfeed & Biosolids) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Temples (WA) Pty Ltd. Transport Workers Certified Agreement (Bulkfeed & Biosolids) 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Temples (WA) Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 October 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Temples (WA) Pty Ltd applied to the Fair Work Commission for approval of the Transport Workers Certified Agreement (Bulkfeed & Biosolids) 2014. The applicant argued that the agreement was necessary to regulate the employment conditions of workers involved in bulkfeed and biosolids transport in Western Australia. The application was opposed by several unions representing the workers, who argued that the proposed agreement did not adequately protect the workers' rights and interests.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Act. The Commission also had to consider the views and submissions of the unions and other stakeholders, and whether the agreement would promote harmonious, productive and cooperative workplace relations.

In its decision, the Commission found that the proposed agreement met the statutory requirements for approval and would promote harmonious, productive and cooperative workplace relations. The Commission noted that the agreement provided for a range of terms and conditions that were fair and reasonable, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also considered the submissions of the unions and other stakeholders, and found that the agreement adequately protected the rights and interests of the workers. The Commission approved the agreement, subject to certain modifications to address the concerns raised by the unions.

The final orders of the Commission were that the Transport Workers Certified Agreement (Bulkfeed & Biosolids) 2014 be approved, with certain modifications to the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on a specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established