Warners Transport & Distribution Pty Ltd

[2014] FWCA 1839

FAIR WORK COMMISSION

DECISION

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

Warners Transport & Distribution Pty Ltd
(AG2014/3999)

WARNERS TRANSPORT & DISTRIBUTION PTY LTD ROAD TRANSPORT LONG DISTANCE ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CLOGHAN	PERTH, 2 APRIL 2014

Application for approval of the Warners Transport & Distribution Pty Ltd Road Transport Long Distance Enterprise Agreement 2014.

[1] On 14 March 2014, Warners Transport & Distribution Pty Ltd made application for approval of a single enterprise agreement to be known as the Warners Transport & Distribution Pty Ltd Road Transport Long Distance Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 7 March 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] The Commission received further and better particulars in relation to s.193(1) of the FW Act on 28 March 2014.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 9 April 2014.

[7] The nominal expiry date of this Agreement is 8 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Warners Transport & Distribution Pty Ltd, represented by the employer, applied to the Fair Work Commission for approval of the Road Transport Long Distance Enterprise Agreement 2014. The dispute arose from the negotiation process, with the union contesting the employer's assertion that the agreement was made in good faith. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, particularly concerning the good faith negotiation process.

The central legal issue before the Commission was whether the employer had genuinely attempted to negotiate the agreement with the union. This involved an examination of the communications and conduct of the parties during the negotiation period. The Commission had to consider whether the employer's actions demonstrated a willingness to reach an agreement and whether there was a reasonable basis for the union's belief that the employer was negotiating in good faith.

In assessing the negotiation process, the Commission found that the employer had indeed engaged in good faith negotiations with the union. Despite the union's claims to the contrary, the evidence showed that the employer had made several attempts to communicate and negotiate with the union representatives. The Commission noted the employer's efforts to involve the union in discussions and the steps taken to address the union's concerns. As a result, the Commission concluded that the employer had acted in good faith and approved the agreement.

The Fair Work Commission approved the Road Transport Long Distance Enterprise Agreement 2014, finding that the employer had negotiated in good faith. The Commission's decision confirmed the validity of the agreement and mandated its implementation. This ruling affirmed the employer's position and provided clarity for future negotiations between 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