DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2016/7830)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST KALGOORLIE DRIVERS AND FREIGHT OFFICERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 14 MARCH 2017

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2016.

[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 Kalgoorlie Drivers and 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 CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport. 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 21 March 2017. The nominal expiry date of the Agreement is 20 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust, which applied to the Fair Work Commission (FWC) for approval of the Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2016. The dispute arose when a union, the Shop, Distributive and Allied Employees Association (SDA), raised objections to the application. The union argued that certain provisions of the agreement were inconsistent with the Fair Work Act 2009 (Cth). The matter was heard by the FWC, presided over by Deputy President Ryan.

The legal issues before the FWC centred on whether the provisions in the enterprise agreement were consistent with the requirements of the Fair Work Act, particularly concerning the terms and conditions of employment for the drivers and freight officers. The SDA raised specific concerns about the implications of certain clauses for the employees' entitlements, such as penalty rates, overtime, and rest periods. The FWC needed to determine whether these provisions were fair and reasonable and if they complied with the legislative framework governing enterprise agreements.

The FWC approached the matter by carefully examining the provisions in question against the statutory standards set by the Fair Work Act. Deputy President Ryan noted that the agreement had been negotiated in good faith and that it provided for the employees' terms and conditions of employment. The FWC found that the agreement, while not perfect, was fair and reasonable and did not contravene the Act. The objections raised by the SDA were addressed and largely mitigated through the FWC's analysis, leading to the conclusion that the agreement could be approved.

In light of the findings, the FWC approved the Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2016. The decision was based on the FWC's determination that the agreement met the legislative requirements for fairness and reasonableness. The SDA's objections were not upheld, and the application for approval was successful.

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