DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausfield Pty Ltd and Pre Pty Ltd T/A Costal Midwest Transport
(AG2017/3013)

AUSFIELD PTY LTD AND PRE PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2017

Application for approval of the Ausfield Pty Ltd and Pre Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ausfield Pty Ltd and Pre Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ausfield Pty Ltd and Pre Pty Ltd T/A Costal Midwest Transport. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[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 8 November 2017. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Ausfield Pty Ltd and Pre Pty Ltd Enterprise Agreement 2017. The applicants sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The primary dispute centred around the fairness of the agreement and whether it met the statutory requirements for approval. The application was heard by the Fair Work Commission, which is responsible for overseeing the registration of enterprise agreements.

The key legal issues that the Commission had to address included whether the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and if it had been appropriately certified by the Australian Building and Construction Commission. Additionally, the Commission needed to consider whether the agreement complied with the procedural fairness requirements, including adequate consultation with employees and the provision of relevant information.

The Fair Work Commission carefully examined the evidence presented regarding the making of the agreement, the consultation processes undertaken, and the content of the agreement itself. It was established that the agreement had been made in good faith and that the necessary minimum terms and conditions were included. The Commission found that the agreement was appropriately certified and that the procedural fairness requirements had been met. Consequently, the Commission approved the Ausfield Pty Ltd and Pre Pty Ltd Enterprise Agreement 2017, recognising it as a registered agreement under the Fair Work Act 2009.

Ausfield Pty Ltd and Pre Pty Ltd T/A Costal Midwest Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established