Border Express Pty Ltd

[2013] FWCA 10148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd
(AG2013/11911)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2013-2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 23 DECEMBER 2013

Application for approval of the Border Express Pty Ltd Transport Employees Western Australia Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees Western Australia Enterprise Agreement 2013 - 2016 (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] 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 29 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Border Express Pty Ltd was before the Fair Work Commission, where the matter concerned the approval of the Border Express Pty Ltd Transport Employees Western Australia Enterprise Agreement 2013-2016. The applicant, Border Express Pty Ltd, sought the Commission's approval of the enterprise agreement, which had been negotiated with the transport employees represented by the Transport Workers Union of Australia. The primary legal issues the Commission was required to decide were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to the provisions regarding minimum rates of pay, penalty rates, and other entitlements.

The Commission assessed the agreement against the legislative framework, examining the proposed terms and conditions of employment to ensure they provided for fair and reasonable outcomes for the employees. It was noted that the agreement included provisions for minimum wages, penalty rates, and other employment conditions that were consistent with the national minimum standards set out in the Safety Net Amendment Act (No. 1) 2012. The Commission also considered the fairness of the agreement, including whether it provided for genuine bargaining between the parties and whether it allowed for meaningful consultation and negotiation. After reviewing the evidence and submissions, the Commission determined that the agreement met the necessary legal standards and was fair and reasonable.

Consequently, the Fair Work Commission approved the Border Express Pty Ltd Transport Employees Western Australia Enterprise Agreement 2013-2016, confirming its compliance with the Fair Work Act 2009. The agreement was thus deemed to be valid and enforceable, providing the framework for the terms and conditions of employment for the transport employees represented by the Transport Workers Union of Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established