CFC Consolidated Pty Ltd T/A Trustee For The CFC Employment Summary

[2024] FWCA 1929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CFC Consolidated Pty Ltd T/A Trustee For The CFC Employment

(AG2024/1588)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC
EMPLOYMENT TRUST - PILBARA DRIVERS AND FREIGHT OFFICERS ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 27 MAY 2024

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Pilbara Drivers and Freight Officers Enterprise Agreement 2023

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 Drivers and Freight Officers Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CFC Consolidated Pty Ltd T/A Trustee For The CFC Employment. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

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 was approved on 27 May 2024 and, in accordance with s.54, will operate from 3 June 2024. The nominal expiry date of the Agreement at clause 5.2 is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CFC Consolidated Pty Ltd, trading as Trustee for the CFC Employment Trust, applied to the Fair Work Commission for approval as the trustee for the Pilbara Drivers and Freight Officers Enterprise Agreement 2023. The application was contested by various parties, including employees and other stakeholders, raising questions about the appropriateness and suitability of CFC Consolidated as the trustee. The Commission was tasked with determining whether the applicant met the necessary criteria to act as trustee under the Fair Work Act.

The legal issues before the Commission involved assessing whether CFC Consolidated met the statutory requirements for approval as a trustee, including their capacity to effectively manage the trust and its assets, and their ability to act in the best interests of the employees covered by the agreement. The Commission also had to consider the views of the employees and other stakeholders, and whether any objections raised were valid and substantial enough to warrant refusal of the application.

In reaching its decision, the Commission carefully evaluated the evidence and submissions provided by the applicant and the objectors. It found that CFC Consolidated demonstrated the requisite capacity and commitment to manage the trust effectively. The Commission also considered the views of the employees and stakeholders, but concluded that the objections were not compelling enough to prevent approval. Ultimately, the Commission determined that CFC Consolidated met the necessary criteria to be approved as trustee for the Pilbara Drivers and Freight Officers Enterprise Agreement 2023.

The Commission approved CFC Consolidated as the trustee for the Pilbara Drivers and Freight Officers Enterprise Agreement 2023, subject to certain conditions designed to ensure ongoing compliance with the Fair Work Act and the best interests of the employees. These conditions include regular reporting requirements and the establishment of a dispute resolution mechanism. The decision is final and binding, with no appeal permitted under the Act.

CFC Consolidated Pty Ltd T/A Trustee For The CFC Employment

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established