DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Don Watson Pty Ltd
(AG2019/747)

DON WATSON LONG DISTANCE OPERATIONS ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2019

Application for approval of the Don Watson Long Distance Operations Enterprise Agreement 2019

[1] Don Watson Pty Ltd has made an application for approval of an enterprise agreement known as the Don Watson Long Distance Operations Enterprise Agreement 2019 (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 21 June 2019 and, in accordance with s 54, will operate from 28 June 2019. The nominal expiry date of the Agreement is 21 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Don Watson Pty Ltd for the approval of the Don Watson Long Distance Operations Enterprise Agreement 2019. This agreement was intended to govern the employment terms and conditions of employees within the long distance operations sector of the company. The application was brought forth by the employer, seeking to formalise the terms of the agreement to ensure a structured and mutually beneficial working environment.

The central legal issue that the Commission needed to address was whether the agreement met the requirements set out under the Fair Work Act 2009, specifically in relation to the provisions for minimum entitlements, the protection of employees' rights, and the process by which the agreement was formed. The Commission had to ensure that the agreement was made in good faith, that it provided for fair and reasonable terms, and that it complied with the procedural requirements for enterprise agreements.

In evaluating the application, the Commission considered the evidence provided by both parties, focusing on the negotiation process, the content of the agreement, and its alignment with the statutory minimum standards. The Commission found that the negotiation process was conducted in good faith and that the agreement was comprehensive in addressing the key terms and conditions of employment. The agreement was deemed to provide fair and reasonable terms, meeting the statutory requirements and providing adequate protections for employees. Consequently, the Commission approved the application, confirming that the Don Watson Long Distance Operations Enterprise Agreement 2019 was valid and binding.

Don Watson 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