DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Driver Group Australia Pty Ltd
(AG2017/2460)

DRIVER GROUP AUSTRALIA DRIVERS ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER JOHNS	SYDNEY, 2 AUGUST 2017

Application for approval of the Driver Group Australia Drivers Enterprise Agreement 2017.

[1] On 23 June 2017 Driver Group Australia Pty Ltd (Applicant) made an application for approval of the Driver Group Australia Drivers Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 August 2017. The nominal expiry date of the Agreement is 2 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Driver Group Australia Pty Ltd, the applicant sought approval of the Driver Group Australia Drivers Enterprise Agreement 2017, which was presented to the Fair Work Commission. The primary parties involved were Driver Group Australia Pty Ltd, the applicant, and the union representing the drivers. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The court needed to determine if the agreement met the necessary legal standards, including whether it contained the required provisions for minimum entitlements and if it was free from prohibited content. Additionally, the court had to consider whether the agreement would be beneficial for the employees, including assessing if it provided fair and reasonable terms. The applicant argued that the agreement was fair and met all legal requirements, while the union contended that certain terms did not adequately protect the drivers' interests.

The Fair Work Commission found that the Driver Group Australia Drivers Enterprise Agreement 2017 was compliant with the Fair Work Act 2009 and contained all the required provisions for minimum entitlements. The court noted that the agreement was fair and reasonable, providing adequate protections for the employees. Consequently, the Commission approved the agreement, emphasising that it met the legal standards and was in the best interests of the drivers.

The Fair Work Commission approved the Driver Group Australia Drivers Enterprise Agreement 2017, with the decision effective from the date of approval. The court's approval was based on the comprehensive review and determination that the agreement was fair and reasonable, met all legal requirements, and was in the best interests of the employees.

Driver Group Australia 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