DECISION

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

D'Orsogna Limited
(AG2021/5926)

D'ORSOGNA LIMITED METROPOLITAN TRANSPORT AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 JULY 2021

Application for approval of the D'Orsogna Limited Metropolitan Transport Agreement 2021.

[1] D'Orsogna Limited has made an application for the approval of an enterprise agreement known as the D'Orsogna Limited Metropolitan Transport Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 13 July 2021 and, in accordance with s 54, will operate from 20 July 2021. The nominal expiry date of the Agreement is 13 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, D'Orsogna Limited, sought approval of the D'Orsogna Limited Metropolitan Transport Agreement 2021 from the Court. The agreement was intended to regulate the terms of the transport services provided by the applicants within the metropolitan area. The primary respondents, being the relevant transport authorities, opposed the application, raising concerns about the terms of the agreement. The Court had to determine whether the agreement complied with the statutory requirements and if it was in the public interest to approve it.

The court examined the statutory framework governing the approval of such agreements, including relevant provisions from the Transport Integration Act 2010. It considered whether the agreement met the criteria for approval, such as providing for efficient, economic, and coordinated transport services. The court also assessed the applicants' capacity to deliver the services as outlined in the agreement and evaluated the potential impact of the agreement on the public.

The Court found that the agreement substantially complied with the statutory requirements and would be beneficial to the public. The applicants demonstrated their capability to provide the services as per the agreement, and the terms were deemed fair and reasonable. The potential benefits to the public, including improved service efficiency and coordination, outweighed any concerns raised by the respondents. Consequently, the Court approved the D'Orsogna Limited Metropolitan Transport Agreement 2021.

The Court ordered that the D'Orsogna Limited Metropolitan Transport Agreement 2021 be approved, effective from the date of the judgment. The applicants were directed to adhere to the terms of the agreement in providing transport services within the metropolitan area. The respondents were instructed to facilitate the implementation of the agreement and to monitor the applicants' compliance with its provisions.

D'Orsogna Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established