Centurion Transport Company Pty Ltd

[2013] FWCA 1267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centurion Transport Company Pty Ltd
(AG2012/14317)

CENTURION TRANSPORT COMPANY PTY LTD BROOME, CARNARVON AND KUNUNURRA REGIONAL BRANCH DRIVERS & FREIGHT OFFICERS ENTERPRISE AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 FEBRUARY 2013

Application for approval of the Centurion Transport Company Pty Ltd Broome, Carnarvon and Kununurra Regional Branch Drivers & Freight Officers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Centurion Transport Company Pty Ltd Broome, Carnarvon and Kununurra Regional Branch Drivers & Freight Officers Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Fair Work Commission, applied to the Federal Circuit Court for the approval of the Centurion Transport Company Pty Ltd Broome, Carnarvon and Kununurra Regional Branch Drivers & Freight Officers Enterprise Agreement 2012. The respondent, the Transport Workers Union of Australia, opposed the application on the basis that the agreement was not in the best interests of the employees. The court was required to determine whether the agreement met the requirements of section 231 of the Fair Work Act 2009.

The court found that the agreement contained provisions that were not in the best interests of the employees, including the requirement for employees to work additional hours without additional pay and the reduction of the minimum break periods between shifts. However, the court also found that the agreement contained provisions that were in the best interests of the employees, including the provision of paid meal breaks and the provision of annual leave. The court considered the overall balance of the agreement and found that it was in the best interests of the employees.

The court approved the agreement, subject to certain modifications to address the concerns raised by the respondent. The modifications included the removal of the provisions that required employees to work additional hours without additional pay and the increase of the minimum break periods between shifts. The court made orders approving the agreement, subject to the modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established