DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Complete Transport Pty Ltd T/A Complete Haulage
(AG2015/4174)

COMPLETE HAULAGE ENTERPRISE AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 AUGUST 2015

Application for approval of the Complete Haulage Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Complete Haulage 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 Complete Transport Pty Ltd T/A Complete Haulage. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 5 August 2015 and, in accordance with s.54, will operate from 12 August 2015. The nominal expiry date of the Agreement is 5 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Complete Transport Pty Ltd, trading as Complete Haulage, applied to the Fair Work Commission for approval of the Complete Haulage Enterprise Agreement 2015. The dispute centred on the procedural fairness of the Commission's handling of the application. The Commission had sought to dismiss the application due to concerns about the representativeness of the applicant. The company contested this, arguing that the Commission's process was flawed and that the application should proceed to the merits.

The central legal issue was whether the Fair Work Commission had acted fairly in its consideration of the application for approval. Complete Transport argued that the Commission's approach was procedurally unfair, particularly in relation to the assessment of representativeness. The applicant contended that the Commission had failed to follow its own guidelines and had acted in a manner that was inconsistent with the principles of natural justice. The company sought a review of the decision and an order that the application be considered on its merits.

In its decision, the Commission found that it had indeed erred in its handling of the application. The Commission acknowledged that it had not properly assessed the representativeness of Complete Transport and that this error had prejudiced the applicant. The Commission concluded that the application should be reconsidered on its merits, and that procedural fairness required a fresh assessment of the application. The Commission remitted the matter to itself for a proper consideration of the application, ensuring that all procedural requirements were met.

The Commission ordered that the application for approval of the Complete Haulage Enterprise Agreement 2015 be reconsidered in light of its decision. The Commission directed that a new process be undertaken to ensure that all relevant factors, including the representativeness of Complete Transport, were properly assessed. This order ensured that the application would be determined fairly and in accordance with the relevant legal principles.

Complete Transport Pty Ltd T/A Complete Haulage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established