DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd
(AG2020/1821)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES ACT ENTERPRISE AGREEMENT 2020-2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 10 JULY 2020

Application for approval of the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2020-2023 (the Agreement) 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.

[2] The matter was allocated to my Chambers on 9 July 2020.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 9 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Border Express Pty Ltd applied for approval of the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2020-2023. The application was made under section 234 of the Fair Work Act 2009. The Australian Industrial Relations Commission was required to determine whether the agreement was a genuine enterprise agreement, as defined in section 172 of the Act, and if it met the requirements for registration under section 186. The applicant argued that the agreement was negotiated in good faith, was free from coercion and was a genuine enterprise agreement.

The court examined the process of negotiation and the content of the agreement to determine if it met the legislative criteria. It considered whether the agreement was negotiated in good faith, free from coercion and covered the appropriate employees. The court also assessed whether the agreement contained the required terms and conditions of employment and whether it was consistent with the national employment standards and safety nets. The applicant submitted evidence of the negotiation process, including communications and meeting minutes, to demonstrate that the agreement was negotiated in good faith.

The court found that the agreement was genuinely negotiated, free from coercion, and covered the appropriate employees. It also found that the agreement contained the required terms and conditions of employment and was consistent with the national employment standards and safety nets. The court approved the agreement and ordered its registration under section 186 of the Fair Work Act 2009. The court determined that the applicant had satisfied the requirements for approval of the enterprise agreement.

Border Express 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