DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2017/306)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST & TWU – PERTH FREIGHT OFFICER 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 & TWU - Perth Freight Officer 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 & TWU - Perth Freight Officer 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 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust and the Transport Workers Union (Perth) - Freight Officer Enterprise Agreement 2017. The application was brought by the employer, CFC Consolidated, to secure the endorsement of the enterprise agreement which had been negotiated with the union. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including compliance with the procedural and substantive fairness provisions.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties and whether it satisfied the requirements for procedural and substantive fairness. The Commission also had to consider whether the agreement provided for minimum entitlements as prescribed by the Fair Work Act, and whether it adhered to the relevant provisions regarding bargaining representatives and the negotiation process. Additionally, the Commission examined if the agreement included adequate mechanisms for dispute resolution and if it met the requirements for coverage and duration of the agreement.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement had been genuinely negotiated and met all the procedural fairness requirements. The Commission determined that the agreement provided for the minimum entitlements as stipulated by the Fair Work Act and adhered to the relevant provisions regarding bargaining representatives. Furthermore, the agreement included adequate mechanisms for dispute resolution and met the necessary criteria for coverage and duration. Consequently, the Commission approved the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust and the Transport Workers Union (Perth) - Freight Officer Enterprise Agreement 2017.

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