DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd
(AG2021/6324)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES AND TWU SYDNEY AND NEWCASTLE SITE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JULY 2021

Application for approval of the Border Express Pty Ltd Transport Employees and TWU Sydney and Newcastle Site Agreement 2021.

[1] Border Express Pty Ltd has made an application for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees and TWU Sydney and Newcastle Site Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the TWU.

[4] The Agreement was approved on 29 July 2021 and, in accordance with s 54, will operate from 5 August 2021. The nominal expiry date of the Agreement is 9 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Border Express Pty Ltd applied for approval of the Border Express Pty Ltd Transport Employees and TWU Sydney and Newcastle Site Agreement 2021 under section 198 of the Fair Work Act 2009. The application was brought before the Fair Work Commission. The Transport Workers Union, as the party to the agreement, sought approval, while Border Express Pty Ltd contested the application. The dispute centred around the terms of the agreement, specifically whether it complied with the statutory requirements for approval under the Fair Work Act.

The legal issues before the commission were whether the agreement met the criteria for approval and if it was in the interests of the employees. The commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the provisions of the Fair Work Act. Additionally, the commission examined whether the agreement was made in good faith and if it included necessary provisions for dispute resolution and other relevant matters.

The commission found that the agreement provided for fair and reasonable terms and conditions of employment, and it adhered to the provisions of the Fair Work Act. The agreement was made in good faith and included necessary provisions for dispute resolution and other relevant matters. The commission determined that the agreement was in the interests of the employees and met the criteria for approval. Therefore, the application for approval was successful, and the agreement was approved under section 198 of the Fair Work Act.

The final orders of the commission were that the Border Express Pty Ltd Transport Employees and TWU Sydney and Newcastle Site Agreement 2021 be approved under section 198 of the Fair Work Act. The agreement was to be registered by the commission and would come into effect on the date of the decision. The commission also directed that the agreement be published in the Federal Register of Legislation.

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