| [2022] FWCA 3300 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cameron Interstate Pty Ltd T/A Cameron Interstate Pty Ltd
(AG2022/3731)
Cameron Interstate New South Wales Enterprise Agreement 2022 - 2026
| Road transport industry | |
| COMMISSIONER WILSON | MELBOURNE, 21 SEPTEMBER 2022 |
Application for approval of the Cameron Interstate New South Wales Enterprise Agreement 2022 - 2026
An application has been made for approval of an enterprise agreement known as the Cameron Interstate New South Wales Enterprise Agreement 2022 - 2026 (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 T/A 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 28 September 2022. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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Annexure A
- AGLC
- Cameron Interstate Pty Ltd T/A Cameron Interstate Pty Ltd [2022] FWCA 3300
- Case
- [2022] FWCA 3300
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, including meeting the 'better off overall test' (BOOT) and ensuring that the agreement did not unfairly disadvantage any employee. The union raised concerns about specific provisions related to wage rates, entitlements, and the process for resolving disputes. The applicant argued that the proposed terms were fair and reasonable, and that the agreement provided benefits to the employees that met the statutory requirements.
After carefully reviewing the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate wage increases and benefits, and that the BOOT was satisfied. The Commission also found that the dispute resolution provisions were appropriate and that the agreement did not unfairly disadvantage any employee. Consequently, the Fair Work Commission approved the Cameron Interstate New South Wales Enterprise Agreement 2022 - 2026.
The Fair Work Commission's decision was that the Cameron Interstate New South Wales Enterprise Agreement 2022 - 2026 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would apply to the employees covered by the agreement. The union's concerns were addressed, and the applicant was directed to take necessary steps to inform its employees of the approved agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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