DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bex Freighter Pty Ltd
(AG2014/10251)

BEX FREIGHTER’S LONG DISTANCE OPERATIONS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 13 JANUARY 2015

Application for approval of the Bex Freighter’s Long Distance Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bex Freighter’s Long Distance Operations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bex Freighter Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 9 January 2015 undertakings were provided by Mr D Singh (Company Accountant), in relation to clause 7.4 (Casual employees) and clause 16 (Public Holidays) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2015. The nominal expiry date of the Agreement is 12 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bex Freighter Pty Ltd applied for the approval of their Long Distance Operations Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for drivers employed in the company's long distance operations. The Commission was tasked with assessing whether the agreement complied with the relevant statutory requirements and whether it provided fair and reasonable terms for the employees.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to consider the balance between the parties' bargaining power, the public interest, and the potential impact on employees' rights and protections.

After reviewing the submissions and evidence provided by both parties, the Commission determined that the agreement was compliant with the statutory requirements and provided fair and reasonable terms and conditions of employment. The Commission found that the agreement was negotiated in good faith, and the parties had made genuine efforts to reach an agreement. The Commission also considered the impact of the agreement on the employees and concluded that it did not undermine the existing protections and entitlements of the employees.

The Fair Work Commission approved the Long Distance Operations Enterprise Agreement 2014, subject to certain conditions and modifications. The parties were required to provide additional information and clarifications on specific clauses within a specified timeframe. The Commission also noted that any future disputes arising from the agreement would be resolved through the existing dispute resolution processes.

Bex Freighter 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