DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centurion Transport Company Pty Ltd
(AG2016/2912)

CENTURION TRANSPORT COMPANY PTY LTD BROOME, CARNARVON & KUNUNURRA REGIONAL BRANCH DRIVERS & FREIGHT OFFICERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the Centurion Transport Company Pty Ltd Broome, Carnarvon & Kununurra Regional Branch Drivers & Freight Officers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Centurion Transport Company Pty Ltd Broome, Carnarvon & Kununurra Regional Branch Drivers & Freight Officers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centurion Transport Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 16 June 2016. The nominal expiry date of the Agreement is 15 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Centurion Transport Company Pty Ltd sought approval of the 2016 Enterprise Agreement for its Broome, Carnarvon & Kununurra Regional Branch Drivers & Freight Officers. The applicant aimed to have the agreement recognised and enforced under the Fair Work Act 2009. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for the relevant employees, including provisions on wages, working hours, leave entitlements, and other employment conditions. The dispute involved the negotiation and approval process of the enterprise agreement and whether it met the legal requirements for approval under the Act.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to assess the negotiation process to ensure it complied with the legal standards set out in the Act. Additionally, the Commission had to determine whether the terms of the agreement were fair and reasonable, considering various factors such as industry standards, the economic circumstances of the parties, and the overall impact on the employees.

The Fair Work Commission determined that the agreement was genuinely negotiated between the parties and met the legal requirements for approval. The Commission found that the negotiation process was transparent and involved genuine discussions between the applicant and the relevant employee representatives. Furthermore, the Commission concluded that the terms of the agreement provided for fair and reasonable conditions of employment, taking into account industry standards, economic circumstances, and the impact on employees. Consequently, the Commission approved the Enterprise Agreement, allowing it to be enforced under the Fair Work Act 2009.

The final orders of the Commission included the approval of the Centurion Transport Company Pty Ltd Broome, Carnarvon & Kununurra Regional Branch Drivers & Freight Officers Enterprise Agreement 2016. The agreement was to be registered and enforceable under the Fair Work Act 2009, providing the agreed terms and conditions for the relevant employees. The decision effectively resolved the dispute, ensuring that the agreed terms would govern the employment relationship between the parties moving forward.

Centurion Transport Company 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