DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Transport Solutions Pty Ltd
(AG2014/8265)

APEX TRANSPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 8 DECEMBER 2014

Application for approval of the Apex Transport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Apex Transport Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Apex Transport Solutions Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 2 December 2014 undertakings were provided by Mr T Steadman (Company Director). Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2014. The nominal expiry date of the Agreement is 14 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of the Apex Transport Enterprise Agreement 2014. The applicant, Apex Transport Solutions Pty Ltd, sought to have the agreement registered as a single-enterprise agreement under the Fair Work Act 2009. The dispute arose from objections to the agreement by the Retail and Fast Food Workers Union, which claimed that the agreement did not adequately protect the interests of its members employed by Apex Transport Solutions. The central legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act and whether it fairly represented the interests of all employees involved.

The FWC examined the application under section 231 of the Fair Work Act, considering whether the agreement contained all the mandatory terms prescribed by the Act and whether it was made in good faith and without coercion. The FWC also evaluated if the agreement met the "better off overall test" as required by section 185 of the Act, ensuring that employees were not worse off financially or in terms of conditions compared to their previous arrangements. The union's objections focused on specific provisions regarding shift patterns, penalty rates, and the handling of roster changes.

After a thorough review of the submissions and evidence, the FWC concluded that the agreement was made in good faith and without coercion. The FWC found that the agreement included all mandatory terms and provided fair and reasonable protections for the employees. It also determined that the agreement met the better off overall test, as employees would not be worse off under the new terms. Consequently, the FWC approved the Apex Transport Enterprise Agreement 2014, rejecting the union's objections. The FWC's decision was based on a comprehensive analysis of the agreement's provisions and their impact on the employees' terms and conditions of employment.

Apex Transport Solutions 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