DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CDC Forest Region 8 Pty Ltd T/A CDC Forest
(AG2020/2937)

CDC FOREST DRIVERS AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 18 FEBRUARY 2021

Application for approval of the CDC Forest Drivers Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the CDC Forest Drivers Agreement 2020 (the Agreement). The application was made by CDC Forest Region 8 Pty Ltd T/A CDC Forest pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers' Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers' Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by CDC Forest Region 8 Pty Ltd, trading as CDC Forest, for the approval of the CDC Forest Drivers Agreement 2020. This application was made to the Fair Work Commission, an independent statutory body in Australia responsible for resolving workplace disputes. The primary issue at hand was whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the agreement contained all the necessary minimum terms and conditions, whether it was made in good faith and whether it complied with the procedural requirements set out in the Act. The Commission also needed to consider whether the agreement provided fair and reasonable terms for the employees and if it was genuinely negotiated between the employer and the employee representatives.

The Commission concluded that the proposed agreement met the necessary requirements for approval. The agreement was found to include all the necessary minimum terms and conditions, was made in good faith, and complied with the procedural requirements of the Act. The Commission also determined that the agreement provided fair and reasonable terms for the employees and that it was genuinely negotiated between the employer and the employee representatives. Therefore, the Commission approved the CDC Forest Drivers Agreement 2020.

CDC Forest Region 8 Pty Ltd T/A CDC Forest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established