DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coogee Chemicals Pty Ltd
(AG2018/7076)

COOGEE QUEENSLAND DRIVER AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2019

Application for approval of the Coogee Queensland Driver Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coogee Queensland Driver Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coogee Chemicals Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 March 2019.

[3] On 3 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 April 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• The reliance on the definition of shift worker as contained in the Road Transport and Distributions Award 2010 and Road Transport Long Distance Award 2010 for the determination of annual leave as required by the NES.

• Clause 9.1.5 of the Agreement shall apply to the Northern and Western New South Wales run and the Western Queensland run.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coogee Chemicals Pty Ltd applied for approval of the Coogee Queensland Driver Agreement 2018. The application was brought before the Fair Work Commission. The legal issue at hand was whether the proposed agreement complied with the Fair Work Act 2009 and could be certified as a low-paid industry agreement. The applicant argued that the agreement was fair and reasonable, considering the specific conditions and needs of the industry.

The commission examined whether the agreement provided for a minimum rate of pay, entitlements, and conditions that were at least equal to the relevant award or registered agreement. It also assessed whether the agreement allowed for the flexibility required by the industry, while still ensuring fair pay and conditions for employees. The commission considered submissions from both the applicant and other stakeholders, including unions and industry representatives. Ultimately, the commission found that the agreement met the statutory requirements and was in the best interests of the employees covered by it.

The Fair Work Commission approved the Coogee Queensland Driver Agreement 2018, recognising it as a low-paid industry agreement. The approval took into account the specific needs of the industry, while ensuring that employees received fair pay and reasonable conditions. The decision emphasised the importance of balancing the interests of employers and employees, particularly in industries with unique challenges and requirements. The agreement now provides a framework for employment within the industry, ensuring that it operates in a fair and efficient manner.

Coogee Chemicals 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