DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wearn Bulk Haulage Pty Ltd
(AG2020/2953)

WEARN BULK HAULAGE ENTERPRISE AGREEMENT 2020 – 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 27 OCTOBER 2020

Application for approval of the Wearn Bulk Haulage Enterprise Agreement 2020 – 2024.

[1] An application has been made for approval of an enterprise agreement known as the Wearn Bulk Haulage Enterprise Agreement 2020 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wearn Bulk Haulage Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2020. The nominal expiry date of the Agreement is 27 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wearn Bulk Haulage Pty Ltd applied for the approval of an enterprise agreement, which had been negotiated with the Transport Workers Union. The applicant, a bulk haulage company, sought to implement the terms and conditions of employment set out in the proposed agreement. The union had requested that the application be approved, while the Australian Council of Trade Unions and the Maritime Union of Australia opposed the application. The dispute was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The Commission had to decide whether the agreement met the requirements of the Fair Work Act 2009. Specifically, it needed to consider whether the agreement was genuinely negotiated, whether it dealt with the employees’ terms and conditions of employment, and whether it was in the best interests of the employees. The Commission also needed to consider whether the agreement was free from improper conduct and whether it complied with the “better off overall test”, which required the employees to be no worse off financially than under their previous agreement.

The Commission found that the agreement had been genuinely negotiated and met the requirements of the Fair Work Act. It found that the agreement dealt with the employees’ terms and conditions of employment and was in their best interests. The Commission also found that the agreement was free from improper conduct and met the better off overall test. The Commission approved the agreement, finding that it provided a fair and reasonable outcome for the employees.

The Fair Work Commission approved the Wearn Bulk Haulage Enterprise Agreement 2020 – 2024. The agreement was to be registered and would apply to the employees of the company for the period of four years. The approval of the agreement was subject to the usual transitional provisions, which allowed for the agreement to be implemented over a period of time.

Wearn Bulk Haulage Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established