DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2017/334)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST PERTH LONG DISTANCE DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER ROE	MELBOURNE, 20 MARCH 2017

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust Perth Long Distance Drivers Enterprise Agreement 2017.

[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 Perth Long Distance Drivers Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 20 March 2017 and, in accordance with s.54, will operate from 27 March 2017. The nominal expiry date of the Agreement is 27 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

This case involved an application for the approval of an enterprise agreement. The applicant, CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust, sought approval of the CFC Employment Trust Perth Long Distance Drivers Enterprise Agreement 2017. The respondent was the Fair Work Commission (FWC). The dispute was heard in the Federal Court of Australia.

The central legal issue before the court was whether the enterprise agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been fairly and genuinely negotiated, and if it contained only matters that were bargainable under the Act. The applicant argued that the agreement was the product of genuine bargaining and included only permissible terms. The FWC, on the other hand, contended that certain provisions of the agreement did not meet the legal standards required for approval.

In delivering the judgment, the court closely examined the evidence and arguments presented by both parties. The court found that the applicant had demonstrated that the agreement was the result of genuine and fair negotiations. It was also determined that the agreement contained only matters that were permissible under the Fair Work Act. The court was satisfied that the agreement met all the statutory criteria for approval. Consequently, the court approved the CFC Employment Trust Perth Long Distance Drivers Enterprise Agreement 2017.

The court's decision resulted in the formal approval of the enterprise agreement. This decision confirmed that the agreement was legally compliant and could be implemented between the employer and the employees covered by the agreement. The approval was contingent upon the agreement being registered with the Fair Work Commission, which was a procedural requirement following the court's decision.

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