DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2019/2772)

CFC EMPLOYMENT TRUST - KALGOORLIE DRIVERS AND FREIGHT OFFICERS ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 6 SEPTEMBER 2019

Application for approval of the CFC Employment Trust - Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CFC Employment Trust - Kalgoorlie Drivers and Freight Officers 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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 20 March 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Centurion Transport, operating under the CFC Employment Trust, sought approval for the Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2019 from the Fair Work Commission. The application was contested by the Road Freight Transport Industry Association, which argued the agreement did not meet the necessary standards for approval. The Commission was tasked with determining whether the agreement adhered to the provisions of the Fair Work Act 2009 and whether it contained the requisite good faith bargaining provisions.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act, particularly focusing on the good faith bargaining requirement. The Commission had to assess if the parties demonstrated genuine attempts to negotiate in good faith, as mandated by the legislation. This involved examining the negotiation process and the content of the agreement to ensure it complied with statutory requirements and reflected fair and reasonable terms for the employees.

In reaching its decision, the Commission examined the evidence provided by both parties regarding the negotiation process. It found that Centurion Transport had engaged in genuine discussions with the union, albeit with some procedural shortcomings. Despite these issues, the Commission concluded that the overall process reflected a good faith effort to reach an agreement. The Commission also noted that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the employees involved. Consequently, the Commission approved the enterprise agreement, acknowledging the procedural imperfections but affirming the good faith of the negotiations and the reasonableness of the agreement terms.

The Fair Work Commission approved the Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2019, subject to certain conditions to address the procedural shortcomings identified during the negotiation process. The Commission mandated that future negotiations between the parties should adhere strictly to the legal requirements to ensure compliance with the good faith bargaining obligations.

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