Cameron Interstate Pty Ltd

[2022] FWCA 2904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cameron Interstate Pty Ltd

(AG2022/3244)

Cameron Interstate Pty Ltd Victoria Enterprise Agreement 2022 – 2024

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2022

Application for approval of the Cameron Interstate Pty Ltd Victoria Enterprise Agreement 2022 – 2024

An application has been made for approval of an enterprise agreement known as the Cameron Interstate Pty Ltd Victoria Enterprise Agreement 2022 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cameron Interstate 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cameron Interstate Pty Ltd applied for approval of the Cameron Interstate Pty Ltd Victoria Enterprise Agreement 2022 – 2024. The agreement was made between the company and its employees, represented by the United Voice union. The Fair Work Commission (FWC) was asked to decide if the agreement should be approved under the Fair Work Act 2009.

The key issues were whether the agreement was made in good faith and if it provided fair terms and conditions for the employees. The company argued that the agreement was a genuine attempt to reach a consensus, while the union claimed that the agreement failed to provide fair terms, particularly in relation to penalty rates and overtime.

The FWC found that the agreement was made in good faith and was in the best interests of the employees. The commission noted that the agreement provided a significant increase in penalty rates and a more favourable overtime structure compared to the previous agreement. The FWC also found that the agreement contained appropriate safeguards to ensure that employees were not disadvantaged. The FWC approved the agreement, emphasising the importance of good faith bargaining and the need for fair terms and conditions for employees.

The final orders of the FWC were that the Cameron Interstate Pty Ltd Victoria Enterprise Agreement 2022 – 2024 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement was to take effect from the date of the FWC’s decision and would remain in force until the end of the agreement period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established