CC Containers Pty Ltd Summary

[2018] FWCA 710

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CC Containers Pty Ltd

(AG2017/4127)

CC Containers Pty Ltd - Transport Workers’ Union of Australia Enterprise Agreement 2017

Road transport industry
Deputy President Colman	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the CC Containers Pty Ltd - Transport Workers’ Union of Australia Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the CC Containers Pty Ltd - Transport Workers’ Union of Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CC Containers Pty Ltd. The agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 2 February 2018 and, in accordance with s.54, will operate from 9 February 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, CC Containers Pty Ltd, applied for approval of the CC Containers Pty Ltd - Transport Workers’ Union of Australia Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission. The applicant argued that the agreement was made in good faith and that it contained the necessary provisions to be approved. The Transport Workers’ Union of Australia, the respondent, contended that the agreement did not meet the requirements for approval, specifically regarding the provisions for employee representation and dispute resolution.

The court had to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, contained the necessary provisions for employee representation and dispute resolution, and did not discriminate against employees. The court examined the text of the agreement, the circumstances in which it was made, and the roles of the parties involved.

The Fair Work Commission found that the agreement was made in good faith and contained the necessary provisions for employee representation and dispute resolution. The court concluded that the agreement did not discriminate against employees and was fair and reasonable. The court approved the agreement, highlighting the importance of good faith bargaining and the inclusion of provisions for representation and dispute resolution. The agreement was deemed to meet the legal requirements for approval.

The Fair Work Commission approved the CC Containers Pty Ltd - Transport Workers’ Union of Australia Enterprise Agreement 2017. The court's decision was based on the finding that the agreement was made in good faith and contained the necessary provisions for employee representation and dispute resolution. The agreement was deemed to be fair and reasonable and did not discriminate against employees. The approval of the agreement was in line with the objectives of the Fair Work Act 2009, which aims to promote good faith bargaining and the resolution of workplace disputes.

CC Containers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established