DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carey’s Freight Lines (Tamworth)
(AG2014/10950)

CAREYS FREIGHT LINES TRANSPORT WORKERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 JANUARY 2015

Application for approval of the Careys Freight Lines Transport Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carey’s Freight Lines Transport Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Carey’s Freight Lines (Tamworth). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 13 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the Careys Freight Lines Transport Workers Enterprise Agreement 2014, brought before the Industrial Court of New South Wales. The applicant, Careys Freight Lines, sought to have the agreement approved under the relevant provisions of the Fair Work Act 2009. The agreement in question pertains to the employment conditions of transport workers within the company and was intended to be a replacement for a previous enterprise agreement that had expired.

The primary legal issue before the court was whether the proposed agreement met the necessary requirements under the Fair Work Act to be approved. This involved an assessment of whether the agreement had been fairly and genuinely negotiated and if it contained the appropriate provisions mandated by the Act. Additionally, the court needed to consider whether the agreement provided for the fair treatment of employees, including their rights and entitlements.

In its decision, the court examined the negotiation process of the agreement, the terms and conditions proposed, and the rights and protections afforded to the employees. The court found that the agreement had been fairly and genuinely negotiated, contained all the mandatory provisions required by the Act, and provided for the fair treatment of employees. Consequently, the court approved the Careys Freight Lines Transport Workers Enterprise Agreement 2014, deeming it to be in compliance with the relevant legislative framework.

The court's decision was definitive, and the agreement was approved as sought by the applicant. The final orders of the court confirmed the approval of the enterprise agreement, allowing it to take effect and govern the employment conditions of the relevant workers within Careys Freight Lines.

Carey’s Freight Lines (Tamworth)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established