Australian Trailer Solutions Group Services Pty Ltd T/A Maxitrans

[2023] FWCA 189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Trailer Solutions Group Services Pty Ltd T/A Maxitrans

(AG2022/5502)

MAXITRANS ENTERPRISE AGREEMENT – BALLARAT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2023

Application for approval of the MaxiTRANS Enterprise Agreement – Ballarat 2022.

An application has been made for approval of an enterprise agreement known as the MaxiTRANS Enterprise Agreement – Ballarat 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Trailer Solutions Group Services Pty Ltd T/A Maxitrans. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 14 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Trailer Solutions Group Services Pty Ltd, trading as Maxitrans, sought approval of a proposed enterprise agreement. The dispute arose from negotiations between Maxitrans and its employees, represented by the Transport Workers Union of Australia, seeking to establish terms and conditions of employment for the workers in the Ballarat region. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act. This involved assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been fairly negotiated. Additionally, the Commission needed to ensure that the agreement did not discriminate against any group of employees and that it provided adequate mechanisms for resolving disputes.

The Commission found that the proposed enterprise agreement met all the statutory requirements for approval. The agreement was deemed to be made in good faith, contained the requisite minimum terms and conditions, and had been fairly negotiated. The Commission was satisfied that there was no discrimination within the agreement and that it included appropriate mechanisms for dispute resolution. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the MaxiTRANS Enterprise Agreement – Ballarat 2022, 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. This decision marked the formal recognition of the terms and conditions negotiated between Maxitrans and the Transport Workers Union of Australia, providing a stable framework for employment relations in the Ballarat region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established