DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Truck & 4WD Rentals Pty Ltd T/A Hertz Trucks
(AG2017/2282)

AUSTRALIAN TRUCK & 4WD RENTALS ENTERPRISE AGREEMENT 2017-2020

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 AUGUST 2017

Application for approval of the Australian Truck & 4WD Rentals Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Truck & 4WD Rentals Enterprise Agreement 2017-2020 (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 T/A Hertz Trucks. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 16 August 2017 and, in accordance with s.54, will operate from 23 August 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Australian Truck & 4WD Rentals Pty Ltd T/A Hertz Trucks, the Fair Work Commission was tasked with considering an application for the approval of the Australian Truck & 4WD Rentals Enterprise Agreement 2017-2020. The dispute involved the employer and the employees' union, seeking to have the enterprise agreement formally recognised and enforced as a binding document between the parties.

The legal issues before the court encompassed whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment, and whether it was free from any illegal or unfair content. Additionally, the court examined whether the agreement had been fairly negotiated and if the necessary procedural fairness was observed in its formation.

The court found that the enterprise agreement satisfied the necessary criteria for approval. The agreement was deemed to provide for the minimum terms and conditions, and there were no illegal or unfair provisions identified. Furthermore, the court was satisfied that the agreement had been fairly negotiated and that the requisite procedural fairness had been observed. Based on these findings, the court approved the enterprise agreement, which will now serve as a binding contract between the employer and the employees.

The final orders of the court included the approval of the Australian Truck & 4WD Rentals Enterprise Agreement 2017-2020, with the agreement to be registered and enforced by the Fair Work Commission. The decision underscored the importance of ensuring that enterprise agreements meet all statutory requirements before they are approved, and highlighted the need for procedural fairness in their negotiation and formation.

Australian Truck & 4WD Rentals Pty Ltd T/A Hertz Trucks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established