Application by Russell Transport Pty Ltd T/A Russell Transport

[2022] FWCA 2727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Russell Transport Pty Ltd T/A Russell Transport

(AG2022/2319)

RUSSELL TRANSPORT GENERAL FLEET ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 12 AUGUST 2022

Application for approval of the Russell Transport General Fleet Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Russell Transport General Fleet Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Russell Transport Pty Ltd T/A Russell Transport (the Applicant). The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involved an application by Russell Transport Pty Ltd, trading as Russell Transport, seeking approval for the Russell Transport General Fleet Enterprise Agreement 2022. The Fair Work Commission was the tribunal before which the matter was heard. The dispute centred on the need to approve the enterprise agreement under the Fair Work Act 2009, ensuring that it complied with the legislative standards and did not adversely affect the employees' rights.

The primary legal issue the Commission had to address was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it contained the minimum entitlements prescribed by the Act and whether it was fair and appropriate. The Commission also had to determine whether the agreement provided a safety net for employees by ensuring they received no less than the minimum terms and conditions of employment as outlined in the relevant awards and regulations.

In deliberating on the matter, the Commission examined the contents of the agreement, focusing on the minimum entitlements, the bargaining process, and the overall fairness of the agreement. The Commission found that the agreement met the minimum standards required by the Act and that it provided a safety net for employees. Furthermore, the Commission concluded that the agreement was fair and appropriate, taking into account the bargaining process and the interests of both parties. Consequently, the Fair Work Commission approved the Russell Transport General Fleet Enterprise Agreement 2022.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the employees covered by the agreement. The Commission also noted that any disputes arising from the agreement could be referred back to the Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established