DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Truck & 4WD Rentals Pty Ltd
(AG2014/7731)

AUSTRALIAN TRUCK & 4WD RENTALS NEW SOUTH WALES COLLECTIVE AGREEMENT 2014 - 2017

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 19 DECEMBER 2014

Application for approval of the Australian Truck & 4WD Rentals New South Wales Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Truck & 4WD Rentals New South Wales Collective Agreement 2014-2017 (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 10 December 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Australian Truck & 4WD Rentals Pty Ltd applied for the approval of the Australian Truck & 4WD Rentals New South Wales Collective Agreement 2014-2017. The applicant was a company that hired out trucks and 4WD vehicles, and the respondent was an industrial organisation representing the employees of the applicant. The dispute arose as the applicant sought to approve the collective agreement, which outlined the terms and conditions of employment for its employees.

The central legal issue before the court was whether the collective agreement was in accordance with the relevant provisions of the Fair Work Act 2009. The applicant argued that the agreement was valid and should be approved. The respondent contended that certain provisions of the agreement contravened the act and should not be approved. The court was required to determine the validity of the agreement and its compliance with the act.

The court examined the provisions of the agreement and found that they complied with the requirements of the act. The court noted that the agreement contained provisions for minimum wages, hours of work, leave entitlements, and other matters, all of which were in accordance with the provisions of the act. The court also found that the agreement had been negotiated in good faith and that it provided for the resolution of any future disputes. Accordingly, the court approved the collective agreement.

The court ordered that the Australian Truck & 4WD Rentals New South Wales Collective Agreement 2014-2017 be approved and registered under the Fair Work Act 2009. The agreement was to apply to all employees of the applicant and would remain in force until it was terminated or replaced by a new agreement. The court's decision provided clarity for both the applicant and the respondent and ensured that the agreement was in compliance with the act.

Australian Truck & 4WD Rentals 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