DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd
(AG2018/1062)

BORDER EXPRESS PTY LTD TRANSPORT AND DISTRIBUTION FACILITY EMPLOYEES SOUTH AUSTRALIA AGREEMENT 2018-2021

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JUNE 2018

Application for approval of the Border Express Pty Ltd Transport and Distribution Facility Employees South Australia Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport and Distribution Facility Employees South Australia Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Border Express Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 19 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Border Express Pty Ltd, the Fair Work Commission was called upon to determine whether to approve the Border Express Pty Ltd Transport and Distribution Facility Employees South Australia Agreement 2018-2021. The agreement in question was proposed by Border Express Pty Ltd and sought to cover the employment conditions of workers at their transport and distribution facility in South Australia. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009, particularly with regard to the process through which the agreement was formed and its compliance with minimum workplace standards.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, whether it contained the mandated minimum terms and conditions, and if it complied with procedural fairness. The Commission had to assess the process of consultation and negotiation, as well as the substantive terms of the agreement, to ensure they aligned with the legislative framework and provided fair and reasonable terms for the employees.

Upon reviewing the evidence and submissions, the Commission found that the agreement was indeed the result of genuine bargaining between the employer and the employees, with sufficient consultation and negotiation having taken place. Furthermore, the Commission determined that the agreement contained all the minimum terms and conditions required by the Fair Work Act 2009 and was procedurally fair. As a result, the Commission approved the Border Express Pty Ltd Transport and Distribution Facility Employees South Australia Agreement 2018-2021, confirming its compliance with the statutory requirements and its appropriateness for the employees concerned.

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