DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2019/4095)

CFS CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST - PERTH LINEHAUL ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 17 DECEMBER 2019

Application for approval of the CFS Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Perth Linehaul Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CFS Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Perth Linehaul Enterprise Agreement 2019 (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. The undertakings are taken to be a term of the Agreement.

[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 24 December 2019. The nominal expiry date of the Agreement is 23 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved a dispute between CFC Consolidated Pty Ltd, acting as trustee for the CFC Employment Trust, and employees represented by the Transport Workers Union of Australia. The primary issue was whether the Federal Circuit Court should approve a proposed enterprise agreement between the parties. This agreement, the Perth Linehaul Enterprise Agreement 2019, sought to govern the employment conditions of the drivers and other workers employed by CFC Consolidated. The dispute was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been fairly negotiated and whether it met the criteria for approval under the Act. This involved assessing whether the agreement provided a safety net of minimum entitlements, allowed for flexibility and adaptability, and promoted simplicity and clarity. The court also considered whether the agreement had been properly certified by the Australian Industrial Relations Commission.

The court found that the agreement had been fairly negotiated and met all the statutory criteria for approval. It concluded that the agreement provided a comprehensive set of minimum entitlements that aligned with the safety net provisions of the Act. The court was satisfied that the agreement allowed for sufficient flexibility and adaptability to accommodate the needs of the parties in a changing business environment. Furthermore, the court found that the agreement was clear, concise, and easy to understand, thereby promoting simplicity and clarity. Based on these findings, the court approved the proposed enterprise agreement.

As a result of the court's approval, the Perth Linehaul Enterprise Agreement 2019 became a legally binding enterprise agreement between CFC Consolidated Pty Ltd, as trustee for the CFC Employment Trust, and the employees represented by the Transport Workers Union of Australia. The agreement now governs the employment conditions of the drivers and other workers employed by CFC Consolidated, providing a framework for their wages, hours of work, and other terms and conditions of employment.

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