DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wearn Bulk Haulage Pty Ltd
(AG2015/3373)

WEARN BULK HAULAGE ENTERPRISE AGREEMENT 2015-2019

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 6 AUGUST 2015

Application for approval of the Wearn Bulk Haulage Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wearn Bulk Haulage Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wearn Bulk Haulage Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 3 August 2015 an undertaking was provided by Mr R Wearn, Managing Director of the Company, in relation to clause 12 (Dispute Resolution Process) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 August 2015. The nominal expiry date is 5 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Wearn Bulk Haulage Pty Ltd and several unions representing employees in the transport and logistics industry. The unions applied to the Fair Work Commission for approval of the Wearn Bulk Haulage Enterprise Agreement 2015-2019. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement satisfied the necessary criteria, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith.

The legal issues the court had to decide included whether the agreement was genuinely an enterprise agreement, whether it was made without coercion, and whether it provided for fair and reasonable terms and conditions for employees. The court also needed to assess whether the agreement met the specific requirements outlined in the Fair Work Act, such as the need for the agreement to cover a defined enterprise and to be in writing. Additionally, the court considered whether the agreement contained all the prescribed minimum terms and conditions as specified in the Act.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. It was determined to be genuinely an enterprise agreement, made without coercion, and it provided for fair and reasonable terms and conditions. The court was satisfied that the agreement covered a defined enterprise, was in writing, and included all the prescribed minimum terms and conditions. The Commission approved the Wearn Bulk Haulage Enterprise Agreement 2015-2019, noting that it was made in good faith and without any improper conduct. The court concluded that the agreement was fair and reasonable and provided for the proper management of the enterprise.

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