DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd
(AG2014/11030)

BORDER EXPRESS PTY LTD TRANSPORT AND DISTRIBUTION FACILITY EMPLOYEES SOUTH AUSTRALIA AGREEMENT 2014-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 JANUARY 2015

Application for approval of the Border Express Pty Ltd Transport and Distribution Facility Employees South Australia Agreement 2014-2017.

[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 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Border Express Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 20 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Border Express Pty Ltd applied to the Federal Circuit Court for approval of the Border Express Pty Ltd Transport and Distribution Facility Employees South Australia Agreement 2014-2017. The application was brought under the Fair Work Act 2009, and the applicant sought an order approving the proposed enterprise agreement as a registered agreement. The dispute centred on whether the agreement met the statutory requirements for registration and if it was in the interests of the employees.

The court was required to determine whether the agreement contained the prescribed minimum terms and conditions, whether it was made in good faith, and whether it was in the interests of the employees. The court examined the negotiation process, the content of the agreement, and the provisions relating to the employees' terms and conditions of employment. The court also considered submissions from the parties regarding the agreement's compliance with the legislative requirements.

The Federal Circuit Court found that the agreement contained the prescribed minimum terms and conditions and was made in good faith. The court determined that the negotiation process was conducted appropriately, and the agreement was in the interests of the employees. The court considered the provisions of the agreement, including those relating to pay, leave, and other employment conditions, and concluded that they were fair and reasonable. The court approved the agreement and ordered its registration as a registered agreement under the Fair Work Act 2009.

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