DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DARACON Group
(AG2014/10485)

DARACON GROUP TRANSPORT WORKERS ENTERPRISE AGREEMENT 2014-2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 JANUARY 2015

Application for approval of the DARACON Group Transport Workers Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the DARACON Group Transport Workers Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DARACON Group. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 23 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The DARACON Group, including its subsidiaries, sought approval of their Transport Workers Enterprise Agreement 2014-2018 from the Fair Work Commission. The dispute arose from objections to certain terms of the agreement, which was to govern the working conditions of transport workers employed by the group. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009 and whether it was made in good faith.

The legal issues centred on whether the enterprise agreement contained unfair provisions that would render it invalid. Specifically, the objectors raised concerns about certain clauses regarding employee entitlements, shift patterns, and disciplinary procedures. The Commission needed to assess whether these provisions complied with the Fair Work Act's "better off overall test," which requires that employees be no worse off financially and at least as well off in other respects compared to their previous conditions.

In considering these issues, the Commission examined the evidence presented by both parties and the broader context of the industry. It found that while some provisions did not meet the "better off overall test," the overall agreement did not contain unfair provisions that would invalidate it. The Commission concluded that the agreement was made in good faith and met the statutory requirements. Therefore, it approved the Transport Workers Enterprise Agreement 2014-2018, subject to certain modifications to address the specific concerns raised during the hearing.

The final orders included modifications to certain clauses to ensure compliance with the "better off overall test" and other provisions of the Fair Work Act. The approved agreement was to be implemented with the agreed-upon changes, and the Commission retained jurisdiction to address any future disputes arising from the agreement.

DARACON Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established