CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport

[2025] FWCA 385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport

(AG2024/4671)

CENTURION TRANSPORT – NATIONAL LONG DISTANCE ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER SCHNEIDER	PERTH, 31 JANUARY 2025

Application for approval of the Centurion Transport – National Long Distance Enterprise Agreement 2024

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport (the Applicant) has made an application for the approval of an enterprise agreement known as the Centurion Transport – National Long Distance Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Following an assessment of the Agreement and application materials, my Chambers emailed the parties a list of initial concerns on 12 December 2024 and requested a response from the Applicant. The Applicant provided an initial response alongside a proposed undertaking. The Transport Workers’ Union of Australia (the Union) provided views in reply to the Applicant’s response and sought for the Applicant to provide further undertakings. A conference was listed on 29 January 2025, in which the Commission sought to discuss the primary issues with the parties. Shortly after the conference, the Applicant filed an updated undertaking.

A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport (Long Distance Operations) Award 2020 is taken to be a term of the Agreement.

The Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 February 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by CFC Consolidated Pty Ltd, acting as the trustee for the CFC Employment Trust trading as Centurion Transport, to the Fair Work Commission for the approval of the Centurion Transport – National Long Distance Enterprise Agreement 2024. The dispute centred on whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with evaluating the application and determining if the agreement was appropriate for endorsement.

The primary legal issues before the Commission were whether the agreement satisfied the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must provide for a fair and efficient system of classifying employees and determining their rates of pay and other conditions of employment. Additionally, the Commission considered whether the agreement complied with the Good Faith Bargaining (GFB) provisions, ensuring that the agreement resulted from genuine negotiations between the employer and employees or their representatives. The Commission also examined if the agreement contained provisions that were contrary to public policy, such as those that would undermine the rights of employees or public safety.

In deliberating on the application, the Commission reviewed the submissions from both the applicant and the objectors to the agreement. It considered the evidence presented regarding the classification of employees, rates of pay, and other employment conditions. The Commission found that the agreement provided for a fair and efficient system of classifying employees and determining their rates of pay, and that it had resulted from genuine negotiations. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy. As a result, the Commission approved the Centurion Transport – National Long Distance Enterprise Agreement 2024, endorsing it as meeting the legal criteria for approval under the Fair Work Act.

The final orders of the Commission were that the Centurion Transport – National Long Distance Enterprise Agreement 2024 be approved and registered with the Fair Work Commission. The agreement was to be effective from the date of the Commission's decision and would apply to all employees covered by the agreement. The Commission's decision marked the conclusion of the legal proceedings, providing clarity and certainty to the parties involved regarding the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established