DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd
(AG2016/7375)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES MELBOURNE SITES ENTERPRISE AGREEMENT 2016 - 2020

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 19 JANUARY 2017

Application for approval of the Border Express Pty Ltd Transport Employees Melbourne Sites Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees Melbourne Sites Enterprise Agreement 2016-2020 (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 26 January 2017. The nominal expiry date of the Agreement is 18 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Border Express Pty Ltd, an applicant, sought approval for the Transport Employees Melbourne Sites Enterprise Agreement 2016-2020 from the Fair Work Commission, which adjudicated on the matter. The applicant, a transport company, had reached an enterprise agreement with its employees, represented by the Transport Workers Union of Australia. The union sought approval of the agreement, which was opposed by a faction of employees led by one of the respondents, who claimed the agreement failed to meet the requirements of the Fair Work Act 2009.

The legal issues that the Commission was required to decide involved whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, and if it complied with the Fair Work (Registered Organisations) Act 2009, which governs the conduct of enterprise bargaining. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it was appropriately made.

The Fair Work Commission found that the agreement was made in accordance with the requirements of the Fair Work Act, and that the union was appropriately registered under the Fair Work (Registered Organisations) Act. The Commission also determined that the agreement was in the best interests of the employees and was appropriately made, despite the objections of some employees. The Commission approved the agreement, and the applicant's application was successful.

The Fair Work Commission ordered that the Transport Employees Melbourne Sites Enterprise Agreement 2016-2020 be approved and registered as an enterprise agreement under the Fair Work Act. The agreement was to be in effect from 1 July 2016 until 30 June 2020, subject to any modifications or terminations that may occur in accordance with the Act. The Commission also ordered that the Transport Workers Union of Australia be registered as the relevant bargaining representative for the employees covered by the 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