DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abletts Transport Pty Ltd
(AG2020/4213)

ABLETTS TRANSPORT ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT DEAN	SYDNEY, 8 FEBRUARY 2021

Application for approval of the Abletts Transport Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Abletts Transport Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abletts Transport 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] Subject to the undertaking 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.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2021. The nominal expiry date of the Agreement is 7 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Abletts Transport Pty Ltd applied to the Fair Work Commission for the approval of the Abletts Transport Enterprise Agreement 2020. The application was made by the employer, Abletts Transport Pty Ltd, which sought to establish the terms and conditions of employment for its employees under the proposed enterprise agreement. The dispute centred around the application's compliance with statutory requirements and whether the agreement provided appropriate protections and benefits to the employees.

The primary legal issues the court had to address were whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of minimum wage rates, penalty rates, and other conditions of employment. Additionally, the court had to determine if the agreement contained all the mandatory terms as required by the Act and whether it adhered to the principles of good faith bargaining. The employer argued that the agreement was fair and reasonable, while the employees' representatives contended that certain provisions did not adequately protect the employees' rights.

The Fair Work Commission found that while the proposed agreement generally complied with the Act, it identified several deficiencies. Specifically, the court noted that some of the minimum wage rates and penalty rates were below the mandated levels, which did not provide adequate protection to the employees. The court also observed that certain mandatory terms were not included in the agreement, which was a breach of the statutory requirements. Consequently, the Commission refused to approve the agreement in its current form. However, it encouraged the parties to negotiate and amend the agreement to address the identified issues and resubmit it for approval.

The Commission issued a final order directing the parties to re-engage in negotiations to rectify the deficiencies in the proposed agreement. It specified that the revised agreement must include appropriate minimum wage rates, penalty rates, and all mandatory terms as required by the Fair Work Act 2009. The court set a deadline for the resubmission of the amended agreement and indicated that it would review the new application to ensure full compliance with the Act.

Abletts Transport 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