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

[2022] FWCA 2281

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

(AG2022/2048)

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust – Pilbara Drives and Freight Officers Enterprise Agreement 2021

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 3 AUGUST 2022

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Pilbara Drivers and Freight Officers Enterprise Agreement 2021

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 Drives and Freight Officers Enterprise Agreement 2021 (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 (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2022. The nominal expiry date of the Agreement is 10 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved CFC Consolidated Pty Ltd, acting as trustee for the CFC Employment Trust trading as Centurion Transport, and the application for the approval of the Pilbara Drivers and Freight Officers Enterprise Agreement 2021. The agreement was submitted for approval by the applicant, who sought to have it declared as a protected action agreement. This agreement was proposed to establish terms and conditions for drivers and freight officers working in the Pilbara region.

The central legal issue before the FWC was whether the agreement met the statutory requirements for a protected action agreement, particularly focusing on whether it contained all the terms and conditions of employment as stipulated in the Fair Work Act 2009 (Cth). The Commission needed to determine if the agreement was sufficiently comprehensive and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the FWC had to consider if the agreement complied with the provisions of the Act and did not contravene any other relevant legislation.

The FWC examined the proposed agreement in detail, assessing its compliance with the legislative requirements. The Commission found that the agreement was comprehensive and covered all the necessary terms and conditions of employment. It was deemed to provide for fair and reasonable terms, balancing the interests of both the employer and the employees. The FWC concluded that the agreement did not contravene any relevant provisions of the Fair Work Act or other legislation. Therefore, the FWC approved the agreement as a protected action agreement.

The FWC's final order was the approval of the Pilbara Drivers and Freight Officers Enterprise Agreement 2021 as a protected action agreement, effective from the date of the approval and for the duration specified within the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established