Border Express

[2022] FWCA 3284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Border Express

(AG2022/3790)

Border Express Pty Ltd Transport and Facility Employees Queensland Enterprise Agreement 2022

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 20 SEPTEMBER 2022

Application for approval of the Border Express Ply Ltd Transport and Facility Employees Queensland Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport and Facility Employees Queensland Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Border Express Pty Ltd (the Applicant). The Agreement is a single enterprise 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.

The Transport Workers’ Union (TWU) 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 TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2022. The nominal expiry date of the Agreement is 20 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Border Express Ply Ltd applied for the approval of the Transport and Facility Employees Queensland Enterprise Agreement 2022. The application was made by Border Express Ply Ltd, the employer, seeking endorsement of the new enterprise agreement. The agreement was intended to cover its transport and facility employees in Queensland. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The key legal issues for the Commission to determine were whether the agreement was a genuine enterprise agreement and if it met the criteria for endorsement. This included examining whether the agreement had been made without coercion, was in writing, and whether it had been fairly and properly negotiated. Additionally, the Commission had to consider if the agreement contained the necessary minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act.

The Commission found that the Transport and Facility Employees Queensland Enterprise Agreement 2022 was a genuine enterprise agreement that had been fairly negotiated and was in compliance with the relevant legislative requirements. The agreement contained the necessary minimum terms and conditions and met the criteria for endorsement under the Fair Work Act. Therefore, the Commission approved the agreement, recognising it as a lawful and binding enterprise agreement for the specified employees.

The Commission's decision resulted in the formal approval and endorsement of the Transport and Facility Employees Queensland Enterprise Agreement 2022. This decision established the agreement as a binding framework for the employment terms and conditions of the relevant employees within Border Express Ply Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established