DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Container Cargo Specialist Pty Ltd
(AG2014/9977)

CONTAINER CARGO SPECIALIST - TRANSPORT WORKERS UNION FAIR WORK AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 DECEMBER 2014

Application for approval of the Container Cargo Specialist - Transport Workers Union Fair Work Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Container Cargo Specialist - Transport Workers Union Fair Work Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Container Cargo Specialist Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 11 December 2014 undertakings were provided by Mr R Hancock (Managing Direction) in relation to clause 11.1 (Dispute Settlement Procedure) and clause 11.2 (Workplace Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Container Cargo Specialist Pty Ltd (the employer) applied to the Fair Work Commission (the Commission) for approval of the Container Cargo Specialist – Transport Workers Union Fair Work Agreement 2014 (the Agreement). The Transport Workers Union (the union) was a party to the application. The union and the employer had entered into the Agreement, which was to apply to employees of the employer who were members of the union. The union and employer sought approval of the Agreement under the Fair Work Act 2009 (the Act). The union and employer argued that the Agreement provided for better pay and conditions than the relevant awards.

The main issue before the Commission was whether the Agreement was in the public interest. The union and employer argued that the Agreement was in the public interest because it provided for better pay and conditions than the relevant awards. The union and employer submitted that the Agreement would provide a more efficient and productive workplace, which would be of benefit to the public. The union and employer also submitted that the Agreement was in the public interest because it provided for a modern and flexible workplace, which would be of benefit to the public.

The Commission approved the Agreement. The Commission found that the Agreement was in the public interest. The Commission found that the Agreement provided for better pay and conditions than the relevant awards. The Commission found that the Agreement would provide a more efficient and productive workplace, which would be of benefit to the public. The Commission found that the Agreement was in the public interest because it provided for a modern and flexible workplace, which would be of benefit to the public.

The Commission approved the Agreement. The Commission ordered that the Agreement be registered and published on the Commission’s website. The Commission ordered that the Agreement be binding on the employer, the union and the employees to whom it applied. The Commission ordered that the Agreement be in effect from the date of the Commission’s decision.

Container Cargo Specialist 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