DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2015/645)

L. ARTHUR PTY LTD (MACHINERY DIVISION) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 9 APRIL 2015

Application for approval of the L. Arthur Pty Ltd (Machinery Division) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the L. Arthur Pty Ltd (Machinery Division) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Workers’ Union of Australia (TWU). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 7 April 2015 undertakings were provided by Mr V Arthur, Managing Director of L. Arthur Pty Ltd, in relation to the consultation term and clause 17 (Superannuation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2015. 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 Transport Workers’ Union of Australia applied to the Fair Work Commission for approval of the L. Arthur Pty Ltd (Machinery Division) Enterprise Agreement 2014. The applicant union argued that the agreement met the criteria for registration under the Fair Work Act 2009. The dispute primarily revolved around whether the agreement contained the necessary provisions to be considered a genuine enterprise agreement, including whether it dealt with the terms and conditions of employment for the relevant employees.

The legal issues before the court were whether the agreement was genuinely an enterprise agreement as defined by the Fair Work Act and whether it met the requirements for approval, including compliance with the mandatory provisions set out in the Schedule of the Act. The court had to determine if the agreement was made by the relevant employees and if it contained the mandatory terms and conditions of employment as required by law.

The Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The agreement was not genuinely an enterprise agreement as it was not made by the relevant employees. Additionally, the court noted that the agreement did not contain all the mandatory terms and conditions of employment as required by the Fair Work Act. As a result, the application for approval was dismissed.

The Fair Work Commission dismissed the application for approval of the L. Arthur Pty Ltd (Machinery Division) Enterprise Agreement 2014. The decision highlights the importance of ensuring that enterprise agreements are genuinely made by the relevant employees and contain all the mandatory terms and conditions of employment as required by law.

Transport Workers’ Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established