DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cootes Transport Group Pty Ltd
(AG2015/4403)

COOTES TRANSPORT GROUP PTY LTD / TRANSPORT WORKERS UNION NATIONAL BULK LIQUIDS AND BITUMEN ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 30 SEPTEMBER 2015

Application for approval of the Cootes Transport Group Pty Ltd / Transport Workers Union National Bulk Liquids and Bitumen Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cootes Transport Group Pty Ltd / Transport Workers Union National Bulk Liquids and Bitumen Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cootes Transport Group Pty Ltd. 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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, will operate from 7 October 2015. The nominal expiry date is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Cootes Transport Group Pty Ltd involved the application for the approval of the Transport Workers Union National Bulk Liquids and Bitumen Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The dispute centred around the application submitted by Cootes Transport Group Pty Ltd, the employer, for the endorsement of the aforementioned enterprise agreement. The Transport Workers Union, representing the employees, was the respondent in this application.

The primary legal issue before the Commission was whether the enterprise agreement in question met the criteria for approval under the Fair Work Act 2009. This required the Commission to examine the agreement's compliance with various statutory requirements, including whether it facilitated the improvement of workplace relations, was free from prohibited content, and was appropriately certified by the relevant union officials. Additionally, the Commission needed to consider if the agreement had been made in good faith and whether it provided for fair and reasonable terms and conditions for the employees.

In delivering its decision, the Fair Work Commission meticulously reviewed the provisions of the agreement, taking into account the submissions from both parties. The Commission found that the agreement contained terms and conditions that were fair and reasonable, and it satisfied the statutory requirements for approval. The agreement was deemed to facilitate the improvement of workplace relations and was free from any prohibited content. Furthermore, the Commission was satisfied that the agreement had been made in good faith and that the union officials had appropriately certified it. Consequently, the Commission approved the application, endorsing the Transport Workers Union National Bulk Liquids and Bitumen Enterprise Agreement 2015.

Cootes Transport Group 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