CNQ Logistics Pty Ltd T/A CNQ Logistics

Case [2025] FWCA 197
[2025] FWCA 197

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CNQ Logistics Pty Ltd T/A CNQ Logistics

(AG2024/4877)

CNQ LOGISTICS ENTERPRISE AGREEMENT 2024

Road transport industry

DEPUTY PRESIDENT DOBSON

BRISBANE, 20 JANUARY 2025

Application for approval of the CNQ Logistics Enterprise Agreement 2024 Application for approval of the CNQ Logistics Enterprise Agreement 2024

  1. The decision issued by the Fair Work Commission on 17 January 2025 [2025] FWCA 197 AE527658 PR783431 is corrected to amend paragraph [5] to read:

[5]      The Agreement is approved and will operate from 24 January 2025. The nominal expiry date of the Agreement is 16 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE527658  PR783453>

Details
AGLC
CNQ Logistics Pty Ltd T/A CNQ Logistics [2025] FWCA 197
Case
[2025] FWCA 197
Decision Date

CaseChat Overview and Summary

CNQ Logistics Pty Ltd, trading as CNQ Logistics, filed an application with the Fair Work Commission to approve the CNQ Logistics Enterprise Agreement 2024, seeking to establish terms and conditions of employment for its employees in the road transport industry. The application was heard by Deputy President Dobson in Brisbane, with the decision initially issued on 17 January 2025. A correction to the decision was subsequently issued on 20 January 2025, amending the operational start date of the agreement to 24 January 2025 and setting the nominal expiry date at 16 January 2029. The legal issues that the Fair Work Commission had to decide pertained to whether the agreement met the requirements of the Fair Work Act 2009, including its compliance with the relevant provisions regarding the terms and conditions of employment, and if it was fairly and appropriately negotiated.

The Fair Work Commission's reasoning centred on the provisions of the Fair Work Act 2009 and the criteria for approving an enterprise agreement. The Commission examined the negotiation process, the content of the agreement, and its compliance with the legal standards set forth in the Act. The Commission confirmed that the agreement was negotiated in good faith, covered all necessary terms and conditions, and provided fair and reasonable outcomes for both the employer and the employees. The approval was granted based on the comprehensive assessment of the agreement's alignment with the legislative requirements and the interests of all parties involved.

The Fair Work Commission approved the CNQ Logistics Enterprise Agreement 2024, effective from 24 January 2025, with a nominal expiry date of 16 January 2029. The decision was corrected to reflect the accurate operational start date, ensuring that the agreement would commence on the intended date. The Commission's approval was based on its determination that the agreement met all statutory requirements and provided a fair framework for employment terms within the road transport industry.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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