Border Express Pty Ltd

[2023] FWCA 1719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Border Express Pty Ltd

(AG2023/1429)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES ACT ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 14 JUNE 2023

Application for approval of the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2023 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2023. The nominal expiry date of the Agreement is 9 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was made by Border Express Pty Ltd to the Fair Work Commission for approval of the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2023. The dispute centred around the fairness and content of the proposed enterprise agreement and whether it complied with relevant industrial laws. The Commission, comprising members of the Fair Work Commission, was responsible for evaluating the application and making a determination.

The key legal issues before the Commission involved assessing the fairness of the agreement, ensuring that it did not undermine the fundamental rights of employees, and verifying that it complied with the provisions of the Fair Work Act 2009. The Commission had to determine whether the agreement met the criteria for being considered a "low risk" agreement and whether it adhered to the requirements of the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was necessary to maintain operational efficiency and ensure fair treatment for both the employer and employees.

The Commission carefully examined the application, considering the terms of the proposed agreement and the submissions made by both parties. It found that the agreement was consistent with the provisions of the Fair Work Act and did not undermine the fundamental rights of employees. The Commission determined that the agreement was a low risk agreement and approved it under section 234 of the Fair Work Act 2009. Consequently, the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2023 was approved and registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established