DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DRW Investments Pty Ltd T/A Wettenhalls Transport
(AG2020/1033)

WETTENHALLS NATIONAL ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 24 JUNE 2020

Application for approval of the Wettenhalls National Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wettenhalls National Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DRW Investments Pty Ltd T/A Wettenhalls Transport (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the TWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DRW Investments Pty Ltd, trading as Wettenhalls Transport, applied to the Fair Work Commission for the approval of the Wettenhalls National Enterprise Agreement 2020. The application sought the Commission's approval of the proposed agreement which aimed to regulate the terms and conditions of employment for various employees of Wettenhalls Transport. The application was made under the Fair Work Act 2009, which provides for the regulation of workplace relations and the resolution of workplace disputes.

The legal issues before the Commission included whether the proposed agreement complied with the provisions of the Fair Work Act, specifically the "better-off-overall test" and the "no-disadvantage test". The Commission had to determine if the agreement would result in employees being no worse off financially and if it met the requirements for being a "single, clear and comprehensible" document. Additionally, the Commission needed to consider whether the agreement appropriately addressed the relevant matters and whether it was made in good faith.

The Commission examined the evidence and submissions provided by both parties. It considered the provisions of the Fair Work Act and relevant precedents. The Commission concluded that the proposed agreement met the requirements of the Act, including satisfying the better-off-overall and no-disadvantage tests. It was found that the agreement was clear, comprehensible, and made in good faith. The Commission was satisfied that the agreement appropriately addressed the relevant matters and that it would not result in employees being worse off financially.

Accordingly, the Fair Work Commission approved the Wettenhalls National Enterprise Agreement 2020, effective from the date specified in the agreement. The approval was based on the findings that the agreement complied with the relevant provisions of the Fair Work Act and met the necessary criteria for approval.

DRW Investments Pty Ltd T/A Wettenhalls Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established