DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Butler Freight Services Pty Ltd T/A Butler Freight / Extra Transport
(AG2018/5153)

BUTLER FREIGHT SERVICES PTY LTD – TWU ENTERPRISE AGREEMENT 2017-2020

Road transport industry
COMMISSIONER BISSETT	MELBOURNE, 4 MARCH 2019

Application for approval of the Butler Freight Services Pty Ltd - TWU Enterprise Agreement2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Butler Freight Services Pty Ltd - TWU Enterprise Agreement2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Butler Freight Services Pty Ltd T/A Butler Freight / Extra Transport. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Butler Freight Services Pty Ltd, trading as Butler Freight, and the Transport Workers Union (TWU). The dispute centred on the approval of the Butler Freight Services Pty Ltd - TWU Enterprise Agreement 2017-2020. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements set out in the Fair Work Act, including provisions regarding minimum entitlements, procedural fairness, and good faith bargaining. The TWU argued that the agreement was fair and reasonable, while Butler Freight Services contended that certain provisions were not in line with the statutory requirements.

The Commission considered the arguments and evidence presented by both parties. It examined the terms of the agreement, the process of bargaining, and whether the agreement provided for minimum entitlements and complied with procedural fairness. The Commission found that the agreement was fair and reasonable and met the statutory requirements for approval. It emphasised the importance of ensuring that employees received their entitled minimum wages and conditions and that the bargaining process was conducted in good faith.

Consequently, the Fair Work Commission approved the Butler Freight Services Pty Ltd - TWU Enterprise Agreement 2017-2020. The decision was made in the interest of maintaining fair and equitable employment practices within the industry.

Butler Freight Services Pty Ltd T/A Butler Freight / Extra Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established