DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2018/2822)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST - PILBARA DRIVERS AND FREIGHT OFFICERS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 AUGUST 2018

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Pilbara Drivers and Freight Officers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Pilbara Drivers and Freight Officers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 30 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust, trading as Centurion Transport, to have the Fair Work Commission (FWC) approve the Pilbara Drivers and Freight Officers Enterprise Agreement 2018. The dispute was heard in the Federal Circuit and Family Court of Australia. The applicants sought the approval of the enterprise agreement, which was to be used in their operations involving the transport of goods in Western Australia.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The court needed to determine if the agreement complied with the procedural and substantive requirements outlined in the Act, including whether it was made in good faith and provided for the appropriate matters. The respondents argued that the agreement did not meet certain criteria, such as the requirement for proper consultation and the inclusion of appropriate terms and conditions.

The court found that the applicants had met the necessary procedural requirements, including adequate consultation and the provision of relevant information to the employees. The court also considered whether the agreement provided for the appropriate matters as required by the Act. After examining the terms and conditions of the agreement, the court concluded that it was fair and reasonable, taking into account the nature of the industry and the bargaining context. The court found that the enterprise agreement complied with the statutory requirements and was therefore approved.

In light of the court's decision, it approved the Pilbara Drivers and Freight Officers Enterprise Agreement 2018, as applied by CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust. The agreement was deemed to be a lawful and binding contract between the applicants and their employees, subject to the terms and conditions outlined in the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established