DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corowa Trading Co Pty Ltd t/a Francis Transport
(AG2018/5185)

FRANCIS TRANSPORT LONG DISTANCE DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 APRIL 2019

Application for approval of the Francis Transport Long Distance Drivers Enterprise Agreement 2018

[1] Corowa Trading Co Pty Ltd t/a Francis Transport has made an application for approval of an enterprise agreement known as the Francis Transport Long Distance Drivers Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 30 April 2019 and, in accordance with s 54, will operate from 7 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Corowa Trading Co Pty Ltd, trading as Francis Transport, applied for the approval of the Francis Transport Long Distance Drivers Enterprise Agreement 2018. The application was made under section 231 of the Fair Work Act 2009. The enterprise agreement proposed changes to the terms and conditions of employment for long-distance drivers employed by the respondent.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly section 230, which mandates that an enterprise agreement must provide for certain minimum terms and conditions, and section 235, which sets out the process for the approval of an enterprise agreement. The Commission also needed to determine whether the agreement provided for the lawful deduction of union fees and if the agreement contained any provisions that were contrary to public policy.

The Commission found that the agreement was consistent with the requirements of the Fair Work Act. The agreement provided for the minimum terms and conditions set out in the Act, including provisions for pay rates, penalty rates, and other employment conditions. The Commission also found that the agreement contained lawful provisions for the deduction of union fees and that none of the provisions were contrary to public policy. The Commission approved the agreement, finding that it met all the legal requirements for approval under the Act.

The Fair Work Commission approved the Francis Transport Long Distance Drivers Enterprise Agreement 2018, subject to the provisions of section 238 of the Fair Work Act. The agreement will now apply to the long-distance drivers employed by Corowa Trading Co Pty Ltd, trading as Francis Transport.

Corowa Trading Co Pty Ltd t/a Francis Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established