Tl Swift Pty Ltd T/A Tl Swift Pty Ltd

[2022] FWCA 3154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tl Swift Pty Ltd T/A Tl Swift Pty Ltd

(AG2022/3173)

TL Swift Pty Ltd Enterprise Agreement 2022

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 SEPTEMBER 2022

Application for approval of the TL Swift Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the TL Swift Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 September 2022. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Tl Swift Pty Ltd T/A Tl Swift Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The agreement in question was proposed by the applicant, TL Swift Pty Ltd, and covered its employees. The nature of the dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning its procedural fairness and the protection of employee rights.

The legal issues before the Commission involved a thorough examination of the agreement's provisions and the process through which it was negotiated and agreed upon. Central to the inquiry was whether the agreement was made in good faith and whether the process of consultation and negotiation was fair. Additionally, the Commission had to assess whether the agreement met the statutory requirements for approval, including its compliance with minimum entitlements and the provisions relating to employee representation and consultation.

In its decision, the Commission carefully considered the evidence presented by both parties and the relevant statutory provisions. The Commission found that the agreement was indeed made in good faith and that the process of negotiation and consultation was fair and appropriate. The Commission further determined that the agreement complied with all necessary statutory requirements, including those relating to minimum entitlements and employee representation. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

As a result of the Commission's decision, the TL Swift Pty Ltd Enterprise Agreement 2022 was approved and is now legally binding between TL Swift Pty Ltd and its employees. The approval signifies that the agreement will govern the employment terms and conditions of the employees covered by the agreement, subject to any specific provisions outlined within the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established