Clarkson Freightlines as Trustee for the Clarkson and Connolly Transport Trust

[2016] FWCA 695

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Clarkson Freightlines as trustee for the Clarkson and Connolly Transport

Trust T/A Clarkson Freightlines Pty Ltd

(AG2015/7704)

CLARKSON FREIGHTLINES ENTERPRISE AGREEMENT 2015

Road transport industry

COMMISSIONER ROE

MELBOURNE, 4 FEBRUARY 2016

Application for approval of the Clarkson Freightlines Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Clarkson Freightlines Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clarkson

Freightlines as trustee for the Clarkson and Connelly Transport Trust T/A Clarkson

Freightlines Pty Ltd. 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 4 February 2016 and, in accordance with s.54, will

operate from 11 February 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clarkson Freightlines, as trustee for the Clarkson and Connolly Transport Trust T/A Clarkson Freightlines Pty Ltd, applied for approval of the Clarkson Freightlines Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The application was considered by Commissioner Roe in Melbourne on 4 February 2016. The Agreement was intended to cover a group of employees within the road transport industry.

The primary legal issues were whether the Agreement met the statutory requirements for approval under sections 186, 187, and 188 of the Act. Notably, the Agreement did not cover all employees of the employer, raising questions about the fairness of the employee group selection. The Commissioner determined that, considering the factors in section 186(3) and (3A) of the Act, the group of employees was fairly chosen.

The Commissioner found that all relevant requirements for approval had been met and approved the Agreement. It was set to operate from 11 February 2016, with a nominal expiry date of 1 January 2019. The approval was granted in accordance with section 54 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established