Australian Truck & 4wd Rentals Pty Ltd

[2023] FWCA 2136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Truck & 4wd Rentals Pty Ltd

(AG2023/2035)

AUSTRALIAN TRUCK & 4WD RENTALS ENTERPRISE AGREEMENT 2023-2026

Retail industry
COMMISSIONER WILSON	MELBOURNE, 13 JULY 2023

Application for approval of the Australian Truck & 4WD Rentals Enterprise Agreement 2023-2026.

An application has been made for approval of an enterprise agreement known as the Australian Truck & 4WD Rentals Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Truck & 4wd Rentals Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Australian Truck & 4WD Rentals Enterprise Agreement 2023-2026 was heard by the Fair Work Commission. The applicant, Australian Truck & 4WD Rentals Pty Ltd, sought the Commission's approval of the proposed enterprise agreement between the company and the Australian Council of Trade Unions. The agreement was the outcome of negotiations between the parties and aimed to regulate the employment terms and conditions of the employees within the specified period.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for terms and conditions that were "better off overall" for the employees and did not undermine the "core" or "protected" rights of employees, such as minimum wages and maximum hours.

In reaching its decision, the Commission carefully examined the proposed terms and conditions of the enterprise agreement. The Commission considered the evidence presented by both parties regarding the bargaining processes, the fairness of the terms, and the overall impact on the employees. The Commission found that the proposed agreement provided for terms and conditions that were better off overall for the employees, taking into account factors such as pay rates, leave entitlements, and other employment conditions. Additionally, the Commission was satisfied that the agreement did not undermine any core or protected rights of employees. Consequently, the Commission approved the Australian Truck & 4WD Rentals Enterprise Agreement 2023-2026.

The Fair Work Commission approved the Australian Truck & 4WD Rentals Enterprise Agreement 2023-2026, finding it to be fair and reasonable in all respects. The agreement was to be registered and would apply to the employees of the company for the specified period, thereby regulating their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established