Driver Group Australia Pty Ltd

[2022] FWCA 3096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Driver Group Australia Pty Ltd

(AG2022/3572)

DRIVER GROUP AUSTRALIA MAINTENANCE ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER P RYAN	SYDNEY, 6 SEPTEMBER 2022

Application for approval of the Driver Group Australia Maintenance Enterprise Agreement 2022

Driver Group Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Driver Group Australia Maintenance Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved. Clause 3 of the Agreement states that the Agreement will come into force from the third pay period to commence after the date of approval. The Employer advised that it operates a fortnightly pay period and provided details of its pay period commencement dates. The third pay period to commence after the date of approval commences on Monday, 10 October 2022.

Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Sunday 9 October 2022. The nominal expiry date of the Agreement is 6 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Driver Group Australia Pty Ltd sought approval of the Driver Group Australia Maintenance Enterprise Agreement 2022. The application was made to the Fair Work Commission. The nature of the dispute was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court had to decide were whether the agreement was fairly negotiated and contained all the required minimum terms and conditions of employment. The court also had to determine whether the agreement was in the best interests of the employees and the employer, and whether it complied with the relevant provisions of the Fair Work Act.

The court found that the agreement was fairly negotiated and contained all the required minimum terms and conditions. It concluded that the agreement was in the best interests of the employees and the employer, and that it complied with the relevant provisions of the Fair Work Act. The court approved the agreement, stating that it was a fair and reasonable agreement that provided for a modern and efficient workplace. The court also noted that the agreement provided for the protection of employees' rights and interests, and that it would promote industrial peace and harmony. The court approved the Driver Group Australia Maintenance Enterprise Agreement 2022, and the applicant was granted the approval it sought.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established