Border Express Pty Ltd Summary

[2014] FWCA 8514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd
(AG2014/9871)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES ALBURY ENTERPRISE AGREEMENT 2014-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 NOVEMBER 2014

Application for approval of the Border Express Pty Ltd Transport Employees Albury Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees Albury 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 Company). The agreement is a single-enterprise agreement.

[2] On 25 November 2014 undertakings were provided by Ms S Nusser, the Company’s People & Culture Advisor. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2014. The nominal expiry date of the Agreement is 4 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Border Express Pty Ltd is the applicant in this case, seeking approval for the Transport Employees Albury Agreement 2014-2017. The dispute arose because the Transport Workers Union of Australia, as the relevant union, objected to the proposed agreement on various grounds. The case was heard in the Fair Work Commission of Australia.

The primary legal issue for the Commission to decide was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair terms and conditions of employment, including provisions for pay, leave, and other benefits. The Commission also needed to determine if the agreement complied with relevant national employment standards and if it had been negotiated in good faith.

The Commission found that the proposed agreement did indeed meet the necessary criteria for approval. It was determined that the agreement provided for fair terms and conditions of employment, and it complied with the relevant national employment standards. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith, despite the union's objections. As a result, the Commission approved the Transport Employees Albury Agreement 2014-2017.

The Fair Work Commission approved the Transport Employees Albury Agreement 2014-2017, dismissing the union's objections and confirming that the agreement met the necessary criteria for approval under the Fair Work Act 2009. This decision provides clarity for both the applicant and the union regarding the terms and conditions of employment outlined in the agreement.

Border Express Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established