DECISION

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

Curley Cattle Transport Pty Ltd
(AG2020/913)

CURLEY CATTLE TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER HUNT	BRISBANE, 24 APRIL 2020

Application for approval of the Curley Cattle Transport Pty Ltd Enterprise Agreement 2020.

[1] Curley Cattle Transport Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Curley Cattle Transport Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. No union or employee bargaining representatives were involved in the agreement making process to which I could seek the views of pursuant to s.190(4) of the Act regarding the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2020. The nominal expiry date of the Agreement is 24 April 2024.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

In this case, the applicant, Curley Cattle Transport Pty Ltd, sought approval of the Enterprise Agreement 2020 from the Fair Work Commission. The agreement in question was entered into between the applicant and the Retail and Fastfood Workers Union of Victoria, acting as a certified bargaining agent for a group of the applicant's employees. The central issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the protection of employees' rights and the fairness of the terms and conditions outlined within the agreement.

The Commission meticulously examined the agreement to determine if it met the statutory criteria for approval, focusing on whether it provided adequate protection for employee rights, ensured fairness in the terms and conditions, and was in line with the objectives of the Fair Work Act. The analysis involved assessing the provisions related to employment security, remuneration, working hours, and other employment-related matters. The Commission considered the bargaining power of the parties, the nature of the industry, and the overall impact of the agreement on the workforce. After thorough deliberation, the Commission concluded that the agreement did not adequately protect employees' rights in certain aspects, particularly concerning redundancy and termination provisions.

As a result, the Fair Work Commission did not approve the Enterprise Agreement 2020. The decision was based on the finding that the agreement failed to meet the statutory requirements for fair and reasonable terms and conditions of employment. The Commission's ruling highlighted specific areas of concern and provided detailed reasoning for its decision. This outcome necessitated the parties to revisit the agreement to address the identified deficiencies and seek further negotiation and approval if they wished to proceed with a revised agreement.

Curley Cattle Transport 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