Temples (WA) Pty Ltd Summary

[2014] FWCA 7427

FAIR WORK COMMISSION

DECISION

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

Temples (WA) Pty Ltd
(AG2014/9320)

TEMPLES (WA) PTY LTD TRANSPORT WORKERS CERTIFIED AGREEMENT (LIVEHAUL) 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 23 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Temples (WA) Pty Ltd. Transport Workers Certified Agreement (Livehaul) 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 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Temples (WA) Pty Ltd, a company engaged in livehaul transport, applied for approval of the Transport Workers Certified Agreement (Livehaul) 2014. The application was brought by the company and the Transport Workers Union of Australia, and the Australian Council of Trade Unions intervened in the matter. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, which included provisions regarding wages, working hours, leave entitlements, and dispute resolution mechanisms.

The primary legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission considered whether the agreement was in the interests of small business, promoted high-performance work practices, and maintained a cooperative workplace. The fairness test under section 234 of the Act was also examined to ensure the agreement did not adversely affect employees' ability to bargain collectively.

The Fair Work Commission, after thorough examination of the agreement, determined that it met the legislative requirements and provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement fostered a cooperative workplace, promoted high-performance work practices, and did not adversely affect employees' ability to bargain collectively. It also concluded that the agreement was in the interests of small business and did not result in employees being worse off overall. Consequently, the Commission approved the Transport Workers Certified Agreement (Livehaul) 2014, thereby resolving the dispute in favour of the applicant.

Temples (WA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established