DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2018/7371)

CLEARY BROS (BOMBO) PTY LTD TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 APRIL 2019

Application for approval of the Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Transport Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Cleary Bros (Bombo) Pty Ltd. 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.

[4] The Transport Workers’ Union of Australia (TWU) 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 6 May 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503123 PR707477>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Cleary Bros (Bombo) Pty Ltd, an employer in the transport industry, applied for approval of the Transport Employees Enterprise Agreement 2017. The application was contested by the Transport Workers Union, the union representing the employees. The crux of the dispute was whether the proposed agreement met the legal requirements for registration under the Fair Work Act 2009.

The primary legal issues before the Commission involved the proper procedures for enterprise bargaining, the agreement's compliance with the good faith bargaining requirement, and whether the agreement contained terms that were fair and reasonable for the employees. The Commission examined the negotiation process, the content of the agreement, and its potential impact on the employees.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement had been negotiated in good faith and met the necessary requirements for registration. The terms of the agreement were deemed fair and reasonable, taking into account the specific circumstances of the employer and the employees. Consequently, the Commission approved the Transport Employees Enterprise Agreement 2017.

The final orders included the registration of the Transport Employees Enterprise Agreement 2017, effective from the date of the decision, and the requirement for Cleary Bros (Bombo) Pty Ltd to provide a copy of the decision to all affected employees. The union's objections were dismissed, and the agreement was approved as sought by the employer.

Cleary Bros (Bombo) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established