Dennis Transport Pty Ltd Summary

[2013] FWCA 6389

FAIR WORK COMMISSION

DECISION

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

Dennis Transport Pty Ltd
(AG2013/8515)

DENNIS TRANSPORT PTY LTD LONG DISTANCE DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Dennis Transport Pty Ltd Long Distance Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dennis Transport Pty Ltd Long Distance Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dennis Transport Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 September 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

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CaseChat Overview and Summary

Dennis Transport Pty Ltd sought approval of the Long Distance Drivers Enterprise Agreement 2013. The Fair Work Commission (FWC) was tasked with assessing whether the agreement met the requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was a good faith attempt to facilitate a productive workplace relationship and provided for fair and reasonable terms and conditions.

The legal issues before the Commission were whether the agreement was made in good faith, and whether it provided for fair and reasonable terms and conditions. The Commission also needed to consider if the agreement was consistent with the national minimum standards set out in the Fair Work Act. Additionally, the Commission examined whether the agreement contained all the mandatory terms required by the Act.

The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The Commission noted that the parties had engaged in genuine negotiations, and the agreement contained provisions that facilitated a productive workplace relationship. The Commission also found that the agreement was consistent with the national minimum standards, and contained all the mandatory terms required by the Act. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Dennis Transport Pty Ltd Long Distance Drivers Enterprise Agreement 2013, subject to certain modifications. The modifications included the removal of certain provisions that were inconsistent with the national minimum standards, and the addition of provisions to ensure compliance with the Act. The Commission found that the agreement was a good faith attempt to facilitate a productive workplace relationship, and provided for fair and reasonable terms and conditions. The modifications made to the agreement were minor, and did not significantly alter the overall content or intent of the agreement.

Dennis Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established