DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canny Carrying Co Pty Ltd
(AG2018/7010)

CANNY CARRYING COMPANY PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Canny Carrying Company Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Canny Carrying Company Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canny Carrying Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Canny Carrying Company Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Canny Carrying Company Pty Ltd Enterprise Agreement 2018. The application was brought forth by the Canny Carrying Company Pty Ltd, seeking the endorsement of an enterprise agreement designed to regulate the terms and conditions of employment for their employees. The dispute centred around the compliance of the agreement with the relevant legislative frameworks, specifically the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement met the necessary requirements under the Fair Work Act, including provisions related to procedural fairness, the absence of prohibited content, and compliance with the better-off-overall test. Additionally, the Commission had to consider whether the agreement adhered to the minimum standards stipulated by the National Employment Standards and the relevant award provisions. The Commission also needed to determine whether the agreement was made in good faith and whether the necessary steps were taken to ensure that the employees had adequate opportunities to be involved in the negotiation process.

In its reasoning, the Commission closely examined the provisions of the Fair Work Act and the specifics of the proposed enterprise agreement. The Commission noted that the agreement had been negotiated in good faith and that the company had taken reasonable steps to ensure that employees were given the opportunity to be involved in the negotiation process. The Commission found that the agreement met the procedural fairness requirements, did not contain any prohibited content, and satisfied the better-off-overall test. Furthermore, the agreement complied with the minimum standards and award provisions. As such, the Commission approved the Canny Carrying Company Pty Ltd Enterprise Agreement 2018. The approval ensures that the terms and conditions of employment for the employees are legally recognised and enforceable.

Canny Carrying Co 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