Warners Transport & Distribution Pty Ltd Summary

[2014] FWCA 1842

FAIR WORK COMMISSION

DECISION

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

Warners Transport & Distribution Pty Ltd
(AG2014/4001)

WARNERS TRANSPORT & DISTRIBUTION PTY LTD WAREHOUSE & DISTRIBUTION ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CLOGHAN	PERTH, 2 APRIL 2014

Application for approval of the Warners Transport & Distribution Pty Ltd Warehouse & Distribution 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 Warehouse & Distribution 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 was the applicant in this case before the Fair Work Commission, seeking approval of the Warehouse & Distribution Enterprise Agreement 2014. The dispute centred on the application for an approval of the agreement under the Fair Work Act 2009, with the Fair Work Commission having the authority to assess whether the agreement met the necessary criteria for approval. The Commission was tasked with determining if the agreement complied with the requirements set forth in the Fair Work Act, specifically whether it contained the minimum terms and conditions as outlined in the Act and whether it had been fairly and properly negotiated.

The legal issues before the Commission were primarily concerned with whether the agreement met the statutory minimum standards and if it had been fairly negotiated in line with the principles of good faith bargaining. The applicant argued that the agreement was comprehensive and covered all necessary terms, while also ensuring fair and proper negotiation. The Commission had to examine the provisions of the agreement, assess the bargaining process, and ensure that the agreement met the requirements under the Fair Work Act.

In delivering its decision, the Fair Work Commission found that the Warehouse & Distribution Enterprise Agreement 2014 met all the statutory minimum standards and was the product of good faith bargaining. The Commission was satisfied that the agreement contained all the necessary terms and conditions as required by the Fair Work Act and that the negotiation process was fair and proper. Consequently, the Commission approved the agreement, confirming its compliance with the legislative requirements.

The final orders of the Commission were that the Warehouse & Distribution Enterprise Agreement 2014 be approved as meeting the necessary criteria under the Fair Work Act, including compliance with the minimum terms and conditions and the principles of good faith bargaining. The agreement was thus certified and registered, allowing it to be in effect for the relevant period.

Warners Transport & Distribution Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established