WA Freightlines Pty Ltd

[2014] FWCA 5300

FAIR WORK COMMISSION

DECISION

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

WA Freightlines Pty Ltd
(AG2014/1410)

WA FREIGHT GROUP PERTH DEPOT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 5 AUGUST 2014

Application for approval of the WA Freight Group Perth Depot Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe WA Freight Group Perth Depot Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Freightlines Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, WA Freightlines Pty Ltd, sought approval of the WA Freight Group Perth Depot Enterprise Agreement 2014 under the Fair Work Act 2009. The applicants were employers involved in the transport industry, and the agreement in question pertained to their employees. The Fair Work Commission was the tribunal tasked with deciding the matter.

The legal issues before the tribunal centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the tribunal had to consider whether the agreement was a "better off overall test" (BOOT) agreement. This required the tribunal to ensure that the employees would be no worse off and at least some would be better off financially under the terms of the agreement. The tribunal also had to determine whether the agreement contained appropriate dispute resolution mechanisms and if it adhered to the procedural requirements set out in the Act.

In making its decision, the tribunal examined the submissions and evidence presented by both the applicants and the union representatives. The tribunal found that the agreement satisfied the BOOT requirement, as it provided for increases in wages and conditions that were considered fair and reasonable. Additionally, the tribunal confirmed that the agreement included appropriate dispute resolution processes and complied with the procedural requirements of the Act. Based on these findings, the tribunal approved the WA Freight Group Perth Depot Enterprise Agreement 2014.

The tribunal's final order was that the WA Freight Group Perth Depot Enterprise Agreement 2014 be approved under the Fair Work Act, effective from the date of the tribunal's decision. This approval allowed the agreement to be registered and enforced, thereby binding the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established