DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd T/A Border Express
(AG2018/5172)

BORDER EXPRESS PTY LTD TRANSPORT AND DISTRIBUTION FACILITY EMPLOYEES AND TWU QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Road transport industry
DEPUTY PRESIDENT LAKE	BRISBANE, 22 FEBRUARY 2019

Application for approval of the Border Express Pty Ltd Transport and Distribution Facility Employees and TWU Queensland Enterprise Agreement 2018 - 2021.

[1] An Application has been made under s.185 of the Fair Work Act 2009 (The Act) for approval of an enterprise agreement known as the Border Express Pty Ltd Transport and Distribution Facility Employees and TWU Queensland Enterprise Agreement 2018 – 2021 (The Agreement). It has been made by Border Express Pty Ltd T/A Border Express (The Employer). It is a single enterprise agreement.

[2] The Employer has provided written undertakings which are annexed to the Agreement. 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.

[3] 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.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Border Express Pty Ltd T/A Border Express applied for approval of the Border Express Pty Ltd Transport and Distribution Facility Employees and TWU Queensland Enterprise Agreement 2018 - 2021. The Transport Workers Union Queensland was the bargaining representative for the employees involved in the agreement. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement was in the public interest and whether it provided for fair and reasonable terms and conditions. The court also considered whether the agreement had been fairly and genuinely negotiated and if it provided for the protection of employees' rights and interests. Additionally, the court evaluated whether the agreement contained provisions that were inconsistent with the overarching national system of industrial relations.

The court found that the proposed enterprise agreement was in the public interest, as it provided for fair and reasonable terms and conditions for the employees. It was determined that the agreement had been fairly and genuinely negotiated, and it provided for the protection of employees' rights and interests. The court also held that the agreement did not contain any provisions that were inconsistent with the overarching national system of industrial relations. Therefore, the court approved the Border Express Pty Ltd Transport and Distribution Facility Employees and TWU Queensland Enterprise Agreement 2018 - 2021.

Border Express Pty Ltd T/A Border Express

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established