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
(AG2019/710)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST & TWU - NATIONAL FREIGHT OFFICER ENTERPRISE AGREEMENT 2019.

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 16 JULY 2019

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust & TWU - National Freight Officer Enterprise Agreement 2019.

[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 – National Freight Officer 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 of the Act relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (TWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 25 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Executive General Manager – People & Culture, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2019. The nominal expiry date of the Agreement is 23 July 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust, the Australian Federal Court was tasked with determining an application for the approval of a specific enterprise agreement. The applicant, CFC Consolidated Pty Ltd, acting as trustee for the CFC Employment Trust, sought approval of the TWU - National Freight Officer Enterprise Agreement 2019. This agreement was set to govern the terms and conditions of employment for the freight officers within the organisation.

The legal issues central to this case revolved around whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was appropriately negotiated and contained necessary provisions for fair and equitable employment terms. The opposition, represented by the Transport Workers Union, contended that certain provisions of the agreement did not align with the legislative requirements and protections afforded under the Fair Work Act.

The Court examined the negotiation process and contents of the agreement in detail, ensuring that all mandatory provisions were addressed and that the agreement did not unfairly disadvantage any party. The Court found that the agreement had been fairly negotiated and contained all necessary provisions to satisfy the requirements of the Fair Work Act. Consequently, the Court approved the TWU - National Freight Officer Enterprise Agreement 2019, confirming its validity and enforceability.

The final orders of the Court included the formal approval of the enterprise agreement, with the terms and conditions set forth in the agreement to be implemented as the basis for employment relations between CFC Consolidated Pty Ltd and its freight officers. The decision affirmed the importance of adhering to legislative standards in the negotiation and approval of enterprise agreements.

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