Border Express Pty Ltd

[2024] FWCA 1700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Border Express Pty Ltd

(AG2024/1293)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES AND TWU SYDNEY, NEWCASTLE AND CENTRAL COAST SITE AGREEMENT 2024

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 9 MAY 2024

Application for approval of the Border Express Pty Ltd Transport Employees and TWU Sydney, Newcastle and Central Coast Site Agreement 2024

Border Express Pty Ltd has applied for approval of a single enterprise agreement known as the Border Express Pty Ltd Transport Employees and TWU Sydney, Newcastle and Central Coast Site Agreement 2024 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 16 May 2024. The nominal expiry date of the Agreement is 4 December 2026.

The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Border Express Pty Ltd, a transport company, applied to the Fair Work Commission for approval of a proposed agreement between the company and its employees represented by the Transport Employees and TWU Sydney, Newcastle and Central Coast Site. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of its compliance with the Fair Work Commission's guidelines on workplace agreements and its fairness to all parties involved.

The legal issues before the Commission were whether the proposed agreement was genuinely a product of bargaining between the parties and whether it contained provisions that were fair and reasonable in the circumstances. The Commission needed to determine if the agreement met the "better off overall test," ensuring that employees would not be worse off overall by the terms of the agreement.

The Commission found that the proposed agreement was the result of genuine bargaining between the parties. The agreement was found to be fair and reasonable, and it met the "better off overall test." The Commission noted that the agreement provided for a range of benefits for employees, including pay increases and improved working conditions. The Commission also noted that the agreement contained provisions for dispute resolution, which would ensure that any future disputes could be resolved in a fair and timely manner.

The Fair Work Commission approved the proposed agreement, which is now a legally binding enterprise agreement between Border Express Pty Ltd and its employees. The Commission's decision is final and binding, and cannot be challenged in any court or tribunal. The agreement will be registered with the Fair Work Commission, and will be in effect for a period of five years, unless terminated earlier in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established